$52.01+7 
77  GGor 


I CHARTER  I 

H OF  THE 

I CITY  OF  ROME  I 


SPECIAL  ACTS  AND 
ORDINANCES 


”^\ovv\e. 

V \ 


R.V-(U: 


rwA' 


CHARTER 

OF  THE 

CITY  OF  ROME , N.  Y. 


SPECIAL  ACTS 


AND  CITY  ORDINANCES 


Rome  sentinel  co  , printers 


ROME,  N Y 


G(o  :Aj  nil 

Charter  of  the  Ctt£  of  IRome 

Chapter  650,  Laws  of  1904 


as  amended  by  Chapter  14,  Laws  of  1905,  Chapter  468,  Laws  of 
1905,  Chapter  651,  Laws  of  1906,  Chapter  327,  Laws  of  1907, 
Chapter  245,  Laws  of  1908,  Chapter  575,  Laws  of  1909, 

Chapter  576,  Laws  of  1909,  Chapter  333,  Laws  of  1910, 

Chapter  131,  Laws  of  1911,  Chapter  703,  Laws  of  1911, 

Chapter  327,  Laws  of  1912,  Chapter  442,  Laws  of  1912, 

Chapter  443,  Laws  of  1912,  Chapter  571,  Laws  of  1915, 

Chapter  573,  Laws  of  1915,  Chapter  161,  Laws  of  1916, 

Chapter  424,  Laws  of  1917,  Chapter  542,  Laws  of  1918, 

Chapter  488,  Laws  of  1918. 


Entitled  “An  ACT  to  revise  the  charter  of  the  city  of  Rome”. 
Passed  without  the  acceptance  of  the  city. 

Became  a law  May  9,  1904,  with  the  approval  of  the  Gov- 
ernor. Passed,  three-fifths  being  present. 

The  People  of  the  State  of  New  York,  represented  in  Senate 
and  Assembly,  do  enact  as  follows. 

TITLE  I. 

BOUNDARIES  AND  CIVIL  DIVISIONS. 

Section  1.  The  district  of  the  country,  in  the  county  of 
Oneida,  included  within  the  boundaries  described  in  the  next 
section  shall  be  a city  by  the  name  of  “Rome”,  and  the  citizens 
of  this  state,  from  time  to  time  inhabitants  within  the  siaid 
boundaries,  shall  be  a corporation  by  the  name  of  “The  city 
of  Rome”,  and  as  such  in  that  name  may  sue  and  be  sued, 
complain  and  defend  in  any  court,  make  and  use  a common 
seal  and  alter  it  at  pleasure,  and  may  receive  by  gift,  grant, 
devise,  bequest  or  purchase,  and  hold  and  convey  such  real 
or  personal  estate  as  the  purposes  of  the  corporation  may  re- 

45106& 


4 


quire.  All  the  real  estate  or  interest  in  real  estate  and  the 
personal  property  now  owned  or  possessed  by  or  held  in  the 
name  of  the  city  of  Rome,  are  hereby  vested  in  the  city  of 
Rome,  with  power  to  hold  or  convey  the  same  as  the  purposes 
of  said  corporation  may  require.  The  said  corporation  shall 
also  have  the  powers  and  privileges  conferred  by  the  statutes 
of  this  state  upon  cities  of  its  class  as  well  as  those  conferred 
by  this  act. 

Sec  2.  The  said  city  shall  be  divided  in  seven  wards  re- 
spectively as  follows,  namely: 

First  Ward — All  that  part  of  said  city  hounded  as  follows: 
Beginning  at  a point  in  the  city  of  Rome  where  the  center 
line  of  James  street  intersects  the  center  line  of  Stanwix 
street;  thence  easterly  along  the  center  line  of  Stanwix  street 
to  the  intersection  thereof  with  the  center  line  of  Saint  Peter’s 
avenue;  thence  easterly  along  the  center  line  of  Saint  Peter’s 
avenue  to-  the  end  thereof;  thence  easterly  in  a straight  line  to 
a point  where  the  line  of  said  city  and  town  of  Floyd  is  inter- 
sected by  the  center  line  of  East  Dominick  street,  or  the  River 
road  (so-called);  thence  southerly  along  said  line  of  the  city 
of  Rome  and  town  of  Floyd  to  the  center  line  of  the  Mohawk 
River;  thence  running  up  said  river  and  the  center  thereof  to 
the  center  line  of  Dominick  street;  thence  westerly  along  the 
center  line  of  Dominick  street  to  the  intersection  thereof  with 
the  center  line  of  James  street;  thence  northerly  along  the 
center  line  of  James  street  to  the  intersection  thereof  with 
the  center  line  of  Stanwix  street  to  the  place  of  beginning, 
shall  comprise  the  first  ward. 

Second  Ward — All  that  part  of  said  city  bounded  as  fol- 
lows, namely:  Lying  south  of  the  first  ward  and  east  of  a 
line  commencing  at  the  intersection  of  said  James  and  Dom- 
inick streets,  and  running  along  the  center  of  said  James  street 
and  the  Madison  plank  road  to  the  intersection  of  said  plank 
road  with  the  road  to  Verona  village  at  the  former  Oneida 
county  poorhouse,  and  thence  along  the  center  of  said  Verona 
road  to  the  city  line,  shall  comprise  the  second  ward. 


0 


Third  Ward — All  that  part  of  said  city  described  as  fol- 
lows, namely:  Lying  westerly  of  the  second  ward  and  south- 
erly of  a line  commencing  at  the  intersection  of  said  James 
and  Dominick  street  produced  along  the  center  of  the  high- 
way to  the  junction  of  the  Rome  and  Taberg  and  former  Rome 
and  Oswego  plank  roads;  thence  running  along  the  center  of 
said  last, named  road  to  the  city  line,  shall  comprise  the  third 
ward. 

Fourth  Ward — All  that  part  of  said  city  described  as  fol- 
lows, namely:  Lying  northerly  of  the  third  ward  and  west- 
erly of  a line  commencing  at  the  center  of  said  Dominick 
street  and  George  street  in  the  former  village  of  Rome;  run- 
ning thence  up  the  center  of  said  George  street  to  Thomas 
street  in  said  village;  thence  running  along  the  center  of  said 
Thomas  street  to  the  Cemetery  road  (so-called);  thence  along 
the  line  in  the  center  of  said  Cemetery  road  produced  to  the 
line  of  said  city  and  the  town  of  Lee,  near  the  hotel  formerly 
owned  or  occupied  by  William  H.  Smith,  at  Lee  Line  (so- 
called),  shall  comprise  the  fourth  ward. 

Fifth  Ward — All  that  part  of  said  city  described  as  follows, 
namely:  Beginning  at  a point  in  the  center  line  of  Washing- 
ton street  intersected  by  the  center  line  of  Liberty  street,  run- 
ning thence  northerly  along  the  center  line  of  Washington 
street  to  its  intersection  with  the  center  line  of  Garden  street 
to  its  intersection  with  the  center  line  of  Turin  road;  thence 
northerly  along  the  center  line  of  Turin  road  to  its  intersec- 
tion with  the  line  of  the  city  of  Rome  and  town  of  Lee;  thence 
westerly  along  said  last  mentioned  lines  to  the  point  of  its  in- 
tersection with  the  Cemetery  road  (so-called);  thence  south- 
erly along  the  center  line  of  said  Cemetery  road  to  its  inter- 
section with  the  center  line  of  Thomas  street;  thence  easterly 
along  the  center  line  of  Thomas  street  to  its  intersection  with 
the  center  line  of  George  street  ; thence  southerly  along  the 
center  line  of  George  street  to  its  intersection  with  the  center 
line  of  Liberty  street;  thence  easterly  along  the  center  line 
of  Liberty  street  to  its  intersection  with  the  center  line  of 
Washington  street,  the  point  and  place  of  beginning,  shall 
comprise  the  fifth  ward. 


6 


Sixth  Ward — All  that  part  of  said  city  described  as  fol- 
lows, namely:  Beginning  at  a point  at  the  intersection  of 
James  and  Dominick  streets,  running  thence  northerly  along 
the  center  of  James  street  to  the  intersection  thereof  with  the 
Wright  Settlement  road  near  the  Ridge  Mills;  thence  along  the 
center  of  the  Wright  Settlement  road  and  the  Watson  Hollow 
road  to  the  line  of  the  city  of  Rome  and  toAvn  of  Floyd;  thence 
northerly  along  said  line  to  the  line  of  the  city  of  Rome  and 
town  of  Western;  thence  westerly  along  said  last  mentioned 
line  and  the  line  of  the  city  of  Rome  and  town  of  Lee  to  the 
center  of  Turin  road;  thence  southerly  along  the  center  of 
said  Turin  road  to  its  intersection  with  the  center  line  of 
Harden  street;  thence  easterly  along  the  center  line  of  Harden 
street  to1  its  intersection  with  the  center  line  of  Washington 
street;  thence  southerly  along  the  center  line  of  Washington 
street  to  its  intersection  with  the  center  line  of  Liberty  street; 
thence  westerly  along  the  center  line  of  Liberty  street  to  its 
intersection  with  the  center  line  of  Horge  street;  thence  south- 
erly along  the  center  line  of  Heorge  street  to  its  intersection 
with  the  center  line  of  Dominick  street;  thence  easterly  along 
the  center  line  of  Dominick  street  to  its  intersection  with  the 
center  line  of  James  street,  the  place  of  beginning,  shall  com- 
prise the  sixth  ward. 

Seventh  Ward — All  that  part  of  said  city  described  as  fol- 
lows, namely:  Beginning  at  a point  at  the  intersection  of 

James  and  Stanwix  streets,  in  the  city  of  Rome,  running 
thence  along  the  center  of  said  James  street  to  the  intersec- 
tion thereof  with  the  Wright  Settlement  road,  near  the  Ridge 
Mills;  thence  along  the  center  of  the  Wright  Settlement  road 
and  the  Watson  Hollow  road  to  the  line  of  said  city  and  the 
town  of  Floyd;  thence  running  along  said  line  southerly  to  a 
point  where  said  line  is  intersected  by  the  center  line  of  East 
Dominick  street,  or  the  River  road  (so-called);  thence  west- 
erly in  a straight  line  to  a point  in  the  center  line  of  the  east- 
erly end  of  Saint  Peter’s  avenue;  thence  westerly  along  the 
center  line  of  Saint  Peter’s  avenue  to  the  intersection  thereof 
with  the  center  line  of  Stanwix  street;  thence  westerly  along 
the  center  line  of  Stanwix  street  to  the  intersection  thereof  with 


the  center  line  of  Janies  street,  the  place  of  beginning,  shall 
comprise  the  seventh  ward. 

Sec.  3.  That  portion  of  said  city  comprised  within  the  fol- 
lowing limits  shall  be  known  and  designated  as  the  “Cor- 
poration Tax  District”,  namely:  Beginning  at  the  northwest 
corner  of  the  Saint  Peter’s  Catholic  Cemetery  as  it  existed 
in  the  year  eighteen  hundred  and  seventy,  on  the  southerly 
line  of  Dominick  street,  and  running  thence  in  a straight  line 
to  the  point  where  the  northerly  line  of  Bloomfield  street  ex- 
tended strikes  the  northerly  margin  of  the  Mohawk  River; 
thence  northwesterly  through  the  point  where  the  center  of 
the  highway  known  as  the  Floyd  road  intersects  the  division 
]ine  between  the  lands  owned  in  eighteen  hundred  and  seventy 
by  John  Stryker  and  Edward  and  Benjamin  N.  Huntington, 
lying  on  the  southerly  side  of  said  road  to  the  easterly  line 
of  appropriation  of  the  Black  River  Canal;  thence  westerly  to 
the  point  of  intersection  of  the  center  line  of  the  Turin  road 
with  the  center  line  of  Jay  street  extended;  thence  westerly  to 
the  intersection  of  the  center  line  of  the  Cemetery  road  with 
the  center  line  of  a highway  leading  from  said  road  southerly 
past  the  “pesthouse”  (so-called)  to  Dominick  street;  thence 
westerly  to  the  point  where  the  northerly  line  of  Liberty  street 
intersects-  the  line  between  subdivision  lots  numbers  five  and 
six  in  great  lot  number  three  of  the  fourth  allotment  of  the 
Oriskany  patent  (being  the  line  between  the  lands  of  Jacob  Bell 
and  the  estate  of  Valentine  Bowers,  deceased) ; thence  south- 
erly along  the  last  mentioned  line  extending  to  a point  ten  rods 
southerly  (measured  on  said  line)  from  the  southerly  appro- 
priation line  of  the  Erie  canal;  thence  easterly  to  the  point 
where  the  southerly  line  of  the  late  village  of  Rome  intersects 
the  center  line  of  James  street;  thence  in  a straight  line  east- 
erly to  the  south  comer  of  the  late  village  of  Rome  (being 
a point  due  south  eighty  rods  from  the  entrance  of  the  old 
canal  feeder  into  the  Erie  canal) ; thence  easterly  to  the  south- 
west corner  of  the  said  Saint  Peter’s  Catholic  Cemetery,  as  it 
existed  in  eighteen  hundred  and  seventy;  thence  along  the 
west  line  of  said  cemetery  to  the  place  of  beginning. 


8 


TITLE  II. 


CITY  AND  WARD  OFFICERS— THEIR  ELECTION  AND 

i 

APPOINTMENT. 

Sec.  4.  On  the  thirty-first  day  of  December,  nineteen 
hundred  and  four,  the  respective  terms  of  office  of  the  re- 
corder, the  fifteen  aldermen,  the  five  supervisors,  the  four 
justices  of  the  peace,  the  five  highway  commissioners  and  four 
constables  heretofore  elected  in  and  for  the  city  of  Rome,  and 
now  serving  as  such  respectively,  shall  cease  and  terminate, 
and  the  respective  offices  of  recorder,  justices  of  the  peace 
and  highway  commiisisioners  as  such  shall  he  abolished.  The 
first  election  for  city  officers  under  this  act  shall  he  held  at 
the  general  election  in  the  fall  of  nineteen  hundred  and  four. 
From  and  after  January  first,  nineteen  hundred  and  five, 
said  city  and  its  affairs  shall  be  managed  and  conducted  in  the 
manner  and  form  and  by  the  officers  whose  election  or  appoint- 
ment is  provided  for  in  this  act. 

Sec.  5.  From  and  after  January  first,  nineteen  hundred 
and  five,  the  elective  officers  of  the  city  shall  be  a mayor,  a 
president  of  the  Common  Council,  a city  judge,  a special  city 
judge,  a city  treasurer,  a city  clerk  and  two  constables  who 
shall  he  elected  by  the  city  at  large,  and  one  alderman  and 
one  supervisor  to  be  elected  in  each  ward  of  said  city.  The 
election  of  all  city  and  ward  officers  shall  be  governed  by  the 
general  election  law  of  the  state.  The  appointive  officers  of 
the  city  shall  be  a city  attorney,  city  hall  janitor,  a sealer  of 
weights  and  measures,  a poundmaster,  three  assessors,  four 
commissioners  of  public  works,  four  commissioners  of  water 
and  sewers,  four  commissioners  of  fire  and  police,  four  com- 
missioners of  health,  four  commissioners  of  charity  and  such 
other  non-elective  officers  as  shall  or  may  be  required  by  gen- 
eral law.  All  appointive  officers  shall  be  appointed  by  the 
mayor,  except  as  herein  otherwise  provided.  Not  more  than 
two  of  the  members  of  any  of  the  aforesaid  administrative 
boards  shall  belong  to  the  same  political  party  or  organization. 


9 


Sec.  5-a,  (Added  by  Chapter  542,  Laws  of  1918).  A 
superintendent  of  highways,  who  shall  be  a resident  of  the  city 
outside  the  corporation  tax  district,  shall  be  elected  at  the  gen- 
eral election  in  the  year  nineteen  hundred  and  eighteen  and  at 
such  election  every  two  years  thereafter,  by  the  qualified  elec- 
tors of  the  city  residing  outside  of  such  district.  The  term  of 
office  of  the  superintendent  of  highways  shall  be  two  years 
from  and  including  the  first  day  of  January  next  succeeding  his 
election.  The  superintendent  in  office,  by  appointment,  under 
the  former  provisions  of  section  eighty,  shall  cease  to  hold 
office,  and  his  powers  and  duties  shall  terminate  on  the  thirty- 
first  day  of  December,  nineteen  hundred  and  eighteen;  but  a 
vacancy  in  such  office  occurring  before  that  day  may  be  filled 
by  the  board  of  public  works,  by  appointment,  to  expire  on  that 
day.  Ballots  shall  be  supplied  to  the  inspectors  of  election,  in 
any  election  district,  and  by  them  delivered  to  electors,  in  such 
manner  that  the  names  of  candidates  for  such  office  shall  ap- 
pear only  upon  ballots  delivered  to  electors  residing  outside  of 
the  corporation  tax  district.  Nominations  for  such  office  shall 
be  made  and  certified  in  time  and  manner  as  provided  by  law 
for  nominations  of  town  officers  to  be  voted  for  at  a general 
election;  and  for  such  purpose  the  part  of  the  city  outside  of 
such  tax  district  shall  be  regarded  as  a town,  except  that  the 
certificate  of  nomination  shall  be  filed  only  with  the  board  or 
officer  chargeable  by  law  with  the  duty  of  preparing  ballots  for 
such  election.  Vacancies  in  such  office,  after  January  first, 
nineteen  hundred  and  nineteen,  shall  be  filled  in  the  manner 
provided  in  section  ten  for  filling  vacancies  in  other  elective 
offices.  The  superintendent  of  highways  so  elected,  and  the 
superintendent  appointed  prior  thereto  under  the  former  pro- 
visions of  section  eighty,  until  he  shall  cease  to  hold  office  as 
above  provided,  shall,  under  the  direction  and  control  of  the 
board  of  public  works,  have  the  care  and  superintendence  and 
repair,  and  keep  in  order  the  highways  and  bridges  in  that  part 
of  the  city  situate  outside  the  corporation  tax  district.  Such 
superintendent  may  appoint  and  employ  such  labor  and  ser- 
vants as  may  be  necessary  for  the  repair  and  maintenance  of 
such  highways  and  bridges.  After  January  first,  nineteen  hun- 
dred and  nineteen,  he  shall  receive  an  annual  salary  of  twelve 


10 


hundred  dollars;  until  that  date,  the  superintendent  heretofore 
appointed  shall  receive  the  compensation  fixed  by  the  board  of 
public  works. 

Sec.  6.  (As  amended  by  Chapter  703,  Laws  of  1911,  and 
Chapter  542,  Laws  of  1918).  The  term  of  office  of  the  elective 
officers  shall  commence  on  the  first  day  of  January  next  suc- 
ceeding tlieir  election,  and,  except  as  herein  provided,  shall  be 
for  the  following  terms:  The  mayor,  president  of  the  common 
council  and  constables  two  years  each;  the  city  judge,  special 
city  judge,  city  treasurer  and  city  clerk  four  years  each;  the 
aldermen  and  supervisors  two  years  each.  The  term  of  the 
present  incumbent  of  the  office  of  mayor  shall  expire  on  Decem- 
ber thirty-first,  nineteen  hundred  and  five,  and  his  successor 
shall  be  elected  at  the  general  election  preceding  that  date  and 
every  two  years  thereafter.  The  supervisors  first  elected  under 
this  act  shall  hold  their  office  for  a term  of  three  years  from 
January  first,  nineteen  hundred  and  five,  and  their  successors 
shall  hold  lor  the  terms  of  two  years  as  above  provided.  The 
terms  of  office  of  the  appointive  officers  of  the  city  shall  be  as 
follows:  9 lie  assessors  three  years,  the  city  engineer,  the  city 
attorney,  the  poundmaster,  one  year  each;  and  the  commission- 
ers of  public  works,  commissioners  of  water  and  sewers,  com- 
missioners of  fire  and  police,  commissioners  of  health  and  com- 
missioners of  charity  four  years  each.  The  city  hall  janitor  and 
the  sealer  of  weights  and  measures  shall  hold  office  during  good 
behavior  and  shall  be  removed  from  office  only  upon  charges 
in  writing  of  illegal,  corrupt  or  otherwise  improper  conduct, 
upon  which  charges  the  accused  shall  have  an  opportunity  to  be 
heard  in  his  defense. 

Sec.  7.  At  the  first  election  for  city  officers  held  under 
this  act  said  aldermen  shall  be  elected  as  follows:  The  aider- 
men  for  the  first,  third  and  fifth  wards  of  the  city  for  a term 
of  one  year  from  January  first,  nineteen  hundred  and  five, 
and  at  such  election  and  in  each  even  numbered  year  there- 
after the  aldermen  for  the  second,  fourth,  sixth  and  seventh 
wards  shall  be  elected  for  two  years  from  January  first,  nine- 
teen hundred  and  five,  and  at  the  general  election  held  in  the 


11 


city  in  November,  nineteen  hundred  and  five,  and  in  each  odd 
numbered  year  thereafter,  the  aldermen  for  the  first,  third 
and  fifth  wards  shall  be  elected  for  a term  of  two  vears  from 
the  first  day  of  January  next  succeeding  their  said  election. 


Sec.  8.  (As  amended  by  Chapter  424,  Laws  of  1917).  The 
common  council  shall  convene  on  the  Tuesday  next  succeeding 
the  election  in  November  at  eight  o’clock  in  the  evening  at  their 
usual  place  of  meeting,  and  shall  thereupon  organize  as  a city 
board  of  canvassers  of  the  election  returns,  and  the  statement 
of  the  votes  filed  with  the  city  clerk  by  the  inspectors  of  elec- 
tion shall  be  produced  by  the  city  clerk;  the  common  council 
acting  as  such  board  of  canvassers  shall  forthwith  determine, 
declare  and  certify  in  the  manner  provided  by  law,  who  are  duly 
elected  at  said  election  to  the  various  city  offices;  they  shall 
make  duplicate  certificates  of  such  election,  one  of  which  shall 
be  filed  with  the  clerk  of  Oneida  county,  the  other  with  the  city 
clerk.  All  the  provisions  of  the  election  law  as  to  the  powers, 
duties  and  procedure  of  a county  board  of  canvassers  and  their 
secretaries,  shall  so  far  as  pertinent,  be  applicable  to  said  city 
board  of  canvassers,  and  shall  regulate  and  control  it  in  the 
discharge  of  its  duties,  and  any  error  in  its  determination  or 
statements  may  be  corrected  in  the  manner  and  by  the  pro- 
cedure provided  by  the  election  law. 

Sec.  9.  The  following  officers  appointed  by  the  mayor  shall 
hold  office  for  a term  of  four  years : Four  commissioners  con- 
stituting the  board  of  public  works,  four  commissioners!  con- 
stituting the  board  of  water  and  sewers,  four  commissioners 
constituting  the  board  of  fire  and  police,  four  commissioners 
constituting  the  board  of  health  and  four  commissioners  con- 
stituting the  board  of  charity.  The  commissioners  now  con- 
stituting tne  board  of  water  and  sewers  shall  continue  in  of- 
fice until  the  expiration  of  their  respective  terms.  The  term 
of  office  of  the  members  now  serving  of  each  of  the  other  ad- 
ministrative boards  named  in  this  act  shall  cease  and  termi- 
nate on  the  thirty-first  day  of  December,  nineteen  hundred 
and  four.  Upon  the  first  appointment  under  this  act  of  the 
commissioners  of  each  of  said  boards  of  public  works,  fire  and 


12 


police,  health  and  charity,  the  mayor  shall  appoint  one  com- 
missioner each  for  a term  of  one  year,  one  for  a term  of  two 
years,  one  for  a term  of  three  years,  one  for  a term  of  four 
years.  The  mayor  shall  also  then  appoint  one  assessor  for 
one  year,  one  for  two  years  and  one  for  three  years.  The  term 
of  office  of  such  commissioners  of  public  works,  fire  and  police, 
health  and  charity,  and  the  assessors  to  commence  on  the  first 
day  of  January,  nineteen  hundred  and  five. 

Sec.  10.  If  a vacancy  shall  happen  in  any  elective  office 
the  mayor  shall  fill  the  same  by  appointment  until  the  next 
annual  election,  when  the  residue  of  the  term  of  office,  if  there 
shall  be  any  unexpired,  shall  be  filled  by  some  person  to  be 
elected  to  such  office  for  the  residue  of  the  term,  according  to 
the  provisions  of  this  act.  If  any  vacancy  shall  happen  in  any 
appointive  office,  the  same  shall  be  filled  for  the  unexpired 
term  in  the  same  manner  as  the  original  appointment. 

Sec.  11.  The  governor  of  the  state  may  remove  the  mayor 
from  office  at  any  time  upon  presentation  of  charges  against 
him  and  after  opportunity  for  him  to  be  heard  thereon.  All 
elective  officers  except  the  mayor,  shall  be  removable  by  the 
common  council  on  charges  after  hearing  as  hereinafter  pro- 
vided. 


Sec.  12'.  Every  person  elected  or  appointed  to  any  office 
shall  before  assuming  the  same,  take  the  oath  of  office  pre- 
scribed by  the  constitution  before  some  officer  authorized  by 
law  to  take  affidavits  and  file  the  same  in  the  office  of  the 
city  clerk,  and  every  person  who  shall  omit  to  take  and  file 
his  oath  of  office  within  twenty  days  after  personal  service  in 
writing  of  a notice  from  the  city  clerk  of  his  election  or  ap- 
pointment, shall  be  deemed  to  have  declined  the  office,  and 
the  office  shall  be  deemed  vacant. 

Sec.  13.  (As  amended  by  Chapter  542,  Laws  of  1918). 
Every  person  elected  or  appointed  to  any  office  under  this  act, 
except  the  city  engineer,  shall  at  the  time  of  his  election  or  ap- 
pointment be  an  elector  in  and  a resident  of  the  city,  except- 
ing as  herein  otherwise  provided;  and  every  person  elected  by 


13 


a ward  shall  be  a resident  thereof;  the  removal  of  any  officer 
of  the  city  therefrom  or  any  officer  elected  by  a ward  from  the 
ward  wherein  he  shall  have  been  elected,  shall  create  a vacancy 
in  his  office.  Except  as  herein  otherwise  provided,  no  person 
shall  hold  two  city  offices  at  the  same  time,  except  employees 
of  the  board  of  health  who  may  hold  more  than  one  position  of 
said  board. 

Sec.  14.  Upon  the  appointment  of  any  officer  by  the  mayor 
he  shall  forthwith  file  a certificate  of  such  appointment  with 
the  city  clerk,  who  shall  immediately  after  the  filing  thereof 
give  notice  in  writing  to  each  person  appointed  or  elected  to 
the  office  of  his  appointment  or  election  as  the  case  may  be. 

Sec,  15.  All  officers  elected  or  appointed  under  this  act 
shall  hold  their  respective  offices  until  their  successors  have 
been  duly  elected  or  appointed  and  have  qualified. 

Sec,  16.  Every  person  residing  in  said  city  who  shall  at 
the  time  and  place  of  offering  his  vote  be  qualified  to  vote  for 
member  of  assembly,  shall  be  entitled  to  vote  for  city  officers 
to  be  elected  by  virtue  of  this  act,  in  the  ward  or  district  in 
which  he  shall  be  qualified. 

Sec,  17.  The  city  clerk  shall  report  to  the  mayor  in  writing 
the  names  of  all  persons  elected  or  appointed  to  any  office, 
who  shall  have  neglected  to  qualify  according  to  the  require- 
ments of  this  act  within  ten  days  after  such  neglect. 

Sec.  18.  The  resignation  by  any  officer  elected  or  appointed 
under  this  act,  shall  be  made  to  the  mayor,  who  shall,  in  caste 
the  office  resigned  shall  be  an  elective  office,  report  the  same 
to  the  common  council  at  its  next  meeting.  The  mayor  shall 
have  power  to  remove  any  appointive  officer  of  the  city  upon 
charges  in  writing  of  illegal,  corrupt  or  otherwise  improper 
conduct,  upon  which  charges  the  accused  shall  have  an  oppor- 
tunity to  be  heard  in  his  defense.  Pending  such  hearing  the 
mayor  may  suspend  such  officer. 

Sec.  19.  Whenever  any  appointive  city  officer  shall  from 


14 


any  cause  be  temporarily  disqualified  to  perform  the  duties  of 
his  office,  the  mayor  may  suspend  such  officer  and  appoint 
a qualified  person  to  fill  such  office  until  such  disqualifica- 
tion be  removed  and  any  person  so  appointed  shall  possess  all 
the  powers,  perform  all  the  duties  and  be  subject  to  all  the  ob- 
ligations of  the  official  whose  office  he  shall  be  appointed  to 
fill,  and  shall  qualify  in  like  manner. 

Sec.  20.  If  any  officer  who  may  be  required  by  any  of  the 
provisions  of  this  act  or  by  ordinance  of  the  common  council, 
to  execute  any  bond  or  other  instrument  before  or  after  enter- 
ing upon  his  office,  should  fail  to  execute  the  same  in  the  man- 
ner prescribed  by  this  act  or  by  such  ordinance  within  ten 
days  after  he  shall  have  been  duly  notified  to  do  so,  in  case 
the  office  be  an  elective  one  the  common  council,  and  in  case  it 
be  an  appointive  one  the  mayor,  may  declare  his  office  vacant, 
and  the  same  shall  be  filled  in  the  same  manner  provided  by 
this  act  in  cases  of  vacancies  in  office. 

TITLE  III. 

POWERS  AND  DUTIES  OF  THE  COMMON  COUNCIL. 

Sec.  21.  (As  amended  by  Chapter  576,  Laws  of  1909,  and 
re-enacted  by  Chapter  542’,  Laws  of  1918).  The  aldermen  of  the 
city  shall  constitute  the  common  council  thereof,  and  the  presi- 
dent of  the  common  council  shall  be  its  presiding  officer.  Each 
alderman  shall  receive  for  his  services  an  annual  salary  of  one 
hundred  and  fifty  dollars. 

Sec.  22.  In  the  proceedings  of  the  common  council  each 
alderman  shall  have  one  vote,  and  the  president  of  the  com- 
mon council  shall  have  a casting  vote  when  the  votes  of  other 
members  are  tied. 

Sec.  23.  A majority  of  the  members  of  the  common  coun- 
cil shall  constitute  a quorum,  and  for  this  purpose  the  presi- 
dent of  the  common  council  shall  be  deemed  a member  thereof. 
The  president  of  the  common  council  or  other  presiding  offi- 


15 


cer  shall  determine  a quorum  by  counting  the  members  pres- 
ent. No  business  shall  be  transacted  unless  a quorum  be  pres- 
ent. 

Sec.  24.  The  common  council  shall  hold  regular  meetings 
at  least  once  in  each  month;  the  mayor,  president  of  the  com- 
mon council  or  any  three  aldermen  may  call  special  meetings 
by  notice  in  writing,  served  personally  upon  the  aldermen 
and  the  president  of  the  common  council,  or  left  at  their  re- 
spective residences  or  places  of  business,  or  mailed  to  their 
respective  post  office  addresses;  a mailed  notice  must  be  de- 
posited in  the  post  office  at  least  twenty-four  hours  before 
the  time  set  for  the  holding  of  the  special  meeting. 

Sec.  25.  The  meetings  of  the  common  council  shall  be  held 
at  the  city  hall  or  at  such  other  places  as  the  council  may  by 
resolution  determine,  and,  except  when  the  public  interest 
requires  secrecy,  shall  be  public;  minutes  of  their  proceed- 
ings shall  be  kept  by  the  city  clerk,  and  shall,  during  office 
hours,  be  open  to  public  inspection. 

Sec.  26.  The  president  of  the  common  council  shall  when 
present,  preside  at  the  meeting  thereof,  and  shall  have  power 
to  preserve  order  in  the  council  chamber;  in  his  absence  the 
council  shall  choose  from  their  number  a temporary  chairman, 
whose  powers  as  such  shall  be  confined  to  presiding  on  the 
occasion  of  such  absence. 

Sec.  27.  The  common  council  shall  have  power,  subject 
to  the  provisions  of  this  act,  to  determine  the  rules  of  its  own 
proceedings,  to  compel  the  attendance  of  members  by  fine  or 
otherwise,  and  shall  be  the  judge  of  the  election  and  qualifi- 
cation of  its  own  members. 

Sec.  28.  Every  resolution  of  the  common  council,  except 
such  as  relates  to  the  order  of  business,  the  rules  of  its  pro- 
ceedings, or  the  appointment  and  trial  of  officers,  and  every 
ordinance  before  it  takes  effect,  shall  be  forthwith  presented 
to  the  mayor,  duly  certified  by  the  city  clerk;  if  the  mayor  ap- 
proves it,  he  shall  sign  it  and  upon  such  approval  the  same 


16 


shall  take  effect  immediately;  if  he  disapprove  it,  he  shall 
return  it  with  his  objections  in  writing  and  file  the  same  with 
the  city  clerk  within  five  days  (Sundays  excepted)  after  he 
receives  it;  the  city  clerk  shall  present  the  same  with  stuck 
objections  to  the  common  council  at  its  next  meeting  and  the 
common  council  shall  cause  such  objections  to  be  entered  at 
length  on  the  minutes  at  the  next  regular  meeting  after  the 
filing  of  such  veto  as  aforesaid,  or  at  a special  meeting  called 
within  ten  days  after  such  filing,  the  common  council  may 
pass  such  ordinance  or  resolution  over  the  mayor’s  veto  by 
the  concurring  vote  of  two-thirds  of  all  the  members  in  office, 
taken  by  ayes  and  nays  and  entered  on  the  minutes,  in  which 
case  it  shall  take  effect.  If  such  resolution  or  ordinance  shall 
not  be  returned  by  the  mayor  within  five  days  (Sundays  ex- 
cepted) after  he  shall  have  received  it,  it  shall  take  effect  in 
like  manner  as  if  he  had  signed  it.  The  city  clerk  shall  upon 
its  enactment  cause  every  ordinance  to  be  published  in  the 
official  newspapers  of  the  city  for  such  time  as  the  common 
council  shall  by  resolution  provide. 

Sec  29.  (As  amended  by  Chapter  651  Laws  of  1906).  The 
common  council  shall  have  power  to  enforce  obedience  to  all 
the  ordinances  passed  by  it,  ordaining  penalties  for  every  vio- 
lation thereof,  not  exceeding  a fine  of  fifty  dollars  for  any  one 
offense. 

Sec.  30.  The  common  council  shall  have  the  management 
and  control  of  the  finances  and  of  all  the  property  real  and 
personal  belonging  to  the  city  except  as  otherwise  provided 
by  this  act  or  by  any  other  provision  of  law  not  inconsistent 
herewith.  The  common  council  shall  have  power  to  deter- 
mine the  amount  of  expenditures  each  year  to  be  made  by  any 
administrative  board  except  as  herein  otherwise  provided. 

Sec.  31.  The  common  council  shall  have  the  management 
and  control  of  the  city  hall  and  the  power  to  designate  the 
rooms  therein  which  shall  be  occupied  by  the  several  boards 
or  officers  of  the  city;  all  moneys  necessarily  expended  by 
the  common  council  in  the  care  and  maintenance  of  such  city 
shall  be  paid  from  the  general  city  fund. 


17 


Sec.  32.  No  member  or  committee  of  the  common  council 
shall  have  power  to  employ  any  person,  incur  any  expense 
or  purchase  any  materials  for  or  in  behalf  of  the  city  or  any  of 
its  officers,  boards  or  departments,  except  as  provided  by  res- 
olution of  the  common  council. 

Sec.  33.  The  standing  committees  of  the  common  council 
shall  be  appointed  by  the  president  of  the  common  council. 

Sec.  34.  The  legislative  powers  of  the  city  shall  be  vested 
m the  common  council  and  the  powers  of  the  common  council 
shall  be  legislative  only,  except  as  otherwise  provided  by  this 
act  and  any  other  provision  of  law  not  inconsistent  herewith. 
The  common  council  shall  have  all  the  powers  conferred  upon 
it  by  this  act  and  by  the  general  laws  of  the  state. 

Sec.  35.  (As  amended  by  Chapter  651  Laws  of  19*06).  The 
common  council  shall  have  the  power  to  provide  by  ordinance 
or  resolution  for  the  enforcement  of  the  powers  hereby  ex- 
pressly granted  to  it  or  to  any  of  the  boards  or  officers  of  the 
city,  where  the  method  of  the  execution  of  the  powers  is  not 
herein  expressly  prescribed,  and  shall  have  power  to  pass  any 
ordinance  or  resolution  not  repugnant  to  the  constitution  or 
the  laws  of  this  state,  not  prohibited  herein  or  inconsistent 
herewith,  for  any  local  purpose  pertaining  to  the  government 
of  the  city,  the  management  of  its  business,  the  preservation 
of  order,  peace,  health,  safety  and  welfare  of  the  city  and  the 
inhabitants  thereof,  and  shall  have  such  powers  of  legislation 
by  ordinance  or  resolution  as  are  conferred  upon  it  by  this 
act  or  by  any  other  law;  but  this  general  provision  shall  not 
be  construed  to  authorize  the  raising  or  expenditure  of  money, 
excepting  as  herein  expressly  provided;  and  for  these  pur- 
poses the  common  council  shall  have  the  power  particularly 
to  enact  ordinances  for  the  following  purposes: 

1.  To  restrain  public  vice  and  immorality,  to  preserve 
peace  and  good  order,  to  restrain  and  quell  riots  and  disor- 
derly assemblages  and  to  prevent  any  noise  or  disturbance. 

2.  To  restrain  and  suppress  disorderly  and  gaming  houses 


18 


and  houses  of  illfame,  to  prohibit  and  require  the  destruction 
of  all  instruments  and  devices  used  for  gaining;  to  regulate 
the  use  of  billiard  tables,  bowling  alleys,  pistol  galleries  and 
to  prohibit  all  exhibitions  of  any  natural  or  artificial  curiosi- 
ties, caravans,  circuses,  theatrical  or  other  shows,  concert  sa- 
loons, exhibitions  or  performances  free  or  for  money,  or  to 
license  the  same  upon  such  terms  as  the  common  council  may 
determine;  to  punish  vagrants,  mendicants,  common  prosti-' 
tutes,  street  beggars  and  disorderly  persons  and  to  suppress 
and  to  punish  drunkenness  and  disorderly  conduct  in  the  pub- 
lic streets  and  places. 

3.  To  suppress  horse  racing  and  immoderate  driving  or 
riding,  to  regulate  the  speed  at  which  persons  may  drive  or 
ride  in  the  streets  or  highways  of  the  city;  to  regulate  and 
control  the  rate  of  speed  at  which  street  cars,  velocipedes, 
tricycles,  bicycles  or  other  vehicles  may  be  run,  and  to  regu- 
late or  suppress  the  riding  thereof  upon  the  sidewalks  of  such 
streets  or  public  places  as  the  Common  Council  may  deter- 
mine ; to  prohibit  every  game,  practice  or  amusement  in  the 
public  streets  or  elsewhere,  having  the  tendency  to  frighten 
teams  and  horses  or  to  injure  or  annoy  persons  passing  in  or 
along  the  streets  of  the  city,  or  to  injure  property  and  to  regu- 
late the  passage  of  traction  or  other  engines  upon  the  streets; 
to  prohibit  bathing,  or  to  determine  the  time,  manner  and  places 
of  bathing  in  the  river,  streams  or  ponds  within  the  city  and 
to  regulate  the  care  of  horses  upon  the  streets. 

4.  To  establish  and  regulate  public  pounds  and  to  pre- 
scribe the  fees  and  duties  of  the  pound  master;  to  restrain 
the  running  at  large  of  cattle,  horses,  swine,  sheep,  goats  and 
fowl  and  to  authorize  the  restraining,  impounding  and  sale  of 
the  same  for  the  penalty  incurred  and  the  costs  of  keeping 
and  proceedings;  to  make  regulations  for  taxing  and  confin- 
ing dogs  and  for  destroying  such  as  may  be  found  at  large, 
and  to  regulate  or  restrain  their . running  at  large. 

5.  To  suppress  or  regulate  the  ringing  or  tolling  of  bells, 
blowing  of  steam  whistles  or  horns  or  the  firing  of  guns, 


19 


powder  or  other  explosives  and  the  making  of  any  improper 
noise  which  may  tend  to  disturb  the  peace  of  the  city,  and 
to  regulate  the  sale  and  use  of  firecrackers,  rockets,  squibs  or 
other  explosives. 

6.  To  compel  all  persons  to  remove  snow,  ice,  dirt  or  other 
obstructions  from  the  sidewalks  in  front  of  the  premises  owned 
or  occupied  by  them;  to  prevent  incumbering  the  streets, 
sidewalks,  lanes,  alleys  and  public  squares  within  said  city; 
to  permit  building  material  to  be  deposited  on  the  street  in 
front  of  any  lot  for  such  time  as  the  Common  Council  may 
prescribe;  to  prohibit  the  gathering  or  assemblage  of  persons 
upon  the  public  streets  or  parks,  to  authorize  the  police  to  dis- 
perse all  such  gatherings  or  assemblages  of  persons  and  to 
restrain  any  person  or  persons  from  obstructing  any  of  the 
sidewalks  of  the  city;  to  restrain  encroachments  upon  the 
streets,  public  squares,  parks  or  public  property  and  obstruc- 
tions to  the  free  use  of  the  same  and  to  regulate  the  placing 
of  signs,  sign  posts,  awning  posts,  hitching  posts,  horse  troughs 
and  horse  blocks  upon  the  streets ; to  prohibit  and  regulate  the 
erection  of  poles,  wires,  cables  or  other  conductors  for  the 
transmission  of  electric  currents. 

7.  To  regulate  and  restrain  hawking  and  peddling  in  the 
streets;  to  regulate,  tax  or  license  pawnbrokers  and  auction- 
eers and  the  sale  of  goods  at  auction  upon  the  streets  or  pub- 
lic places  of  the  city;  to  regulate  the  time,  place  and  manner 
of  vending  meat,  fish  and  vegetables;  to  regulate  or  prohibit 
the  making  or  keeping  of  markets  for  the  sale  of  meat  or  fish, 
except  at  such  places  as  the  Common  Council  shall  designate, 
and  to  regulate  the  vending  and  peddling  of  milk  and  water; 
to  regulate  or  prohibit  the  erection,  keeping  or  using  of  slaugh- 
ter houses  in  said  city;  to  establish  public  markets  and  to 
regulate  and  control  the  same;  to  regulate  and  prescribe  the 
place  of  weighing  hay,  straw  or  coal  and  of  marketing  the 
same,  and  of  marketing  wood,  grain  or  other  commodities; 
to  appoint  weighers  and  measurers,  limit  their  fees  and  pro- 
hibit and  prevent  the  offering  for  sale  of  any  such  commodi- 
ties in  any  public  street  of  the  city  without  the  same  having 


20 


been  weighed  or  measured  and  :o  require  such  weight  and 
measure  to  be  made  known  to  the  purchasers;  to  regulate  the 
inspection  and  sealing  of  weights  and  measures,  and  to  en- 
force the  keeping  and  use  of  proper  weights  and  measures 
within  the  city.  i 

8.  To  license  and  regulate  cabmen,  expressmen,  truckmen, 
drivers  of  hackney  carriages,  stages  and  omnibuses  or  other 
conveyances  for  the  transportation  of  passengers  and  bag- 
gage, and  to  fix  their  rates  of  compensation;  to  regulate  run- 
ners or  solicitors  of  stages,  railroads,  hotels,  public  houses  or 
other  establishments. 

9.  To  provide  for  the  care,  protection  and  safety  of  public 
property;  to  prescribe  the  location  of  all  houses  for  storing 
gunpowder  or  other  combustible  and  explosive  substances,  and 
to  regulate  the  keeping,  selling  or  conveyance  thereof,  and 
the  use  of  candles  and  lights  in  bams,  stables  and  outbuild- 
ings; to  prescribe  the  limits  within  which  the  erection  or 
placing  of  wooden  buildings  shall  be  prohibited;  to  regulate 
the  erecting  of  buildings  within  said  limits  and  to  prescribe 
the  materials  of  which  they  may  be  constructed;  to  prevent 
the  injury  or  defacement  of  fences,  posts  and  buildings  in 
said  city,  and  to  protect  the  parks  and  public  grounds  of  said 
city;  to  regulate  the  width  of  tires  of  draught  wagons  (the 
term  “ draught  wagon”  shall  mean  a wagon  to  carry  a load 
of  twelve  hundred  pounds  or  more). 

10.  To  prevent  rubbish,  carcasses  of  animals  or  any  nau- 
seous or  improper  substances  from  being  deposited  upon  the 
shores  or  banks  of  the  river  or  within  the  said  city;  to  pre- 
scribe a place  for  dumping  and  depositing  refuse  matter;  to 
provide  for  and  regulate  the  collection  or  removal  of  swill, 
garbage  or  refuse;  determine  what  are  nuisances  and  to 
require  their  abatement. 

11.  To  regulate  and  control  the  use  of  public  storm  water 
sewers  in  said  city;  to  prevent  the  discharge  of  water  from 
any  building,  yard  or  alley,  through  a leader  or  otherwise 


21 


over  a sidewalk  on  any  street  or  section  of  a street,  through 
which  a public  sewer  is  maintained. 

12.  To  license  and  regulate  bill  posting,  bill  distributing 
and  sign  advertising. 

13.  To  regulate  the  burial  of  the  dead;  to  protect  the  pub- 
lic cemeteries  and  to  regulate  and  restrict  the  extension  of 
cemeteries  and  burial  grounds. 

14.  To  regulate  the  planting,  removal,  trimming  or  care 
of  shade  and  ornamental  trees  along  the  streets  and  sidewalks 
of  said  city,  and  to  prevent  the  injury  or  destruction  thereof. 

15.  To  regulate  or  restrain  the  obstruction  of  streets  by 
locomotives  and  cars;  to  prescribe  and  regulate  the  rate  of 
speed  at  which  cars  and  locomotives  may  run  in  said  city;  to 
require  railroad  companies  to  erect  gates  at  crossings  at  grade 
in  said  city,  to  compel  the  employment  by  them  of  competent 
men  to  attend  the  same,  and  to  make  regulations  for  the  man- 
agement thereof,  or  to  compel  the  employment  of  competent 
flagmen  at  such  crossings  as  the  common  council  may  direct. 

16.  To  enact  all  such  ordinances  as  may  be  necessary  to 
carry  into  effect  any  general  power  or  discharge  any  duty 
conferred  or  imposed  by  this  act. 

Sec.  36.  The  common  council  shall  have  power  to  modify, 
rescind,  amend  or  repeal  any  ordinances  enacted  by  it. 

Stec.  37.  The  city  may  maintain  an  action  to  restrain  by  in- 
junction the  violation  of  any  ordinance  passed  by  the  common 
council,  notwithstanding  such  ordinance  may  provide  a penalty 
for  such  violation. 

Sec.  38.  Every  ordinance  shall,  within  a reasonable  time 
after  its  passage  as  herein  provided,  be  recorded  in  a book 
kept  for  that  purpose  by  the  city  clerk;  such  record  shall  in- 
clude the  signature  of  the  president,  the  attestation  of  the 
clerk,  and  the  mayor’s  written  approval,  or  in  case  of  his 


22 


disapproval,  a memorandum  of  its  passage  over  his  veto  or  in 
case  the  ordinance  took  effect  because  he  failed  to  approve  or 
disapprove  and  return  it  within  five  days,  then  a memoran- 
dum to  that  effect.  Such  record  or  a certified  copy  thereof 
shall  be  presumptive  evidence  of  the  passage  of  any  ordinance 
in  any  court. 

Sec.  39.  No  ordinance  shall  be  passed  by  the  common  coun- 
cil on  the  same  day  on  which  it  is  introduced  except  by  unani- 
mous consent,  and  no  appropriation  of  any  moneys  shall  be 
made  for  any  purpose  except  by  an  ordinance  or  resolution 
passed  by  a majority  of  all  the  members,  specifying  by  items 
the  amount  thereof,  and  the  board  or  specific  purpose  for 
which  the  appropriation  is  made;  and  no  resolution  or  ordi- 
nance shall  be  passed  making  or  authorizing  the  sale  or  lease 
of  city  real  estate  belonging  to  or  under  the  control  of  the 
city,  except  by  the  vote  of  two-thirds  of  all  the  members  of 
the  common  council;  and  in  case  of  the  sale  of  real  estate  the 
resolution  must  provide  for  a disposition  under  proper  regu- 
lations for  the  protection  of  the  city,  at  public  auction,  after 
public  notice,  to  the  highest  bidder. 

Sec.  40.  (As  amended  by  Chapter  468,  Laws  of  1905). 
Whenever  any  executive  or  administrative  function  shall  be 
required  to  be  performed  by  any  ordinance  or  resolution  of 
the  common  council,  the  same  shall  be  performed  by  the  proper 
executive  or  administrative  officer  of  the  board  designated  in 
the  ordinance  or  resolution,  and  in  case  no  such  designation 
be  made  the  mayor  shall  make  the  same. 

Sec.  41.  The  common  council  may,  by  ordinance  not  in- 
consistent with  the  provisions  of  this  act,  or  the  laws  of  the 
state,  regulate  the  powers  and  duties  of  any  city  officer;  and 
it  shall  have  power  to  investigate  all  city  officers  and  boards 
and  shall  have  access  to  all  records  and  papers  kept  by  any 
city  officer  or  board;  and  shall  have  power  to  compel  the  at- 
tendance of  witnesses  and  the  production  of  books,  papers 
and  other  evidence  at  any  meeting  of  the  common  council  or 
any  of  the  committees  thereof,  and  for  that  purpose  may  issue 


subpoenas  signed  by  its  president;  the  common  council  shall 
also  have  power  to  provide  for  the  enforcement  by  ordinance 
of  any  regulation  of  any  administrative  board  for  the  con- 
duct of  the  affairs  committed  to  said  board. 

Sec.  42.  (As  amended  by  Chapter  442,  Laws  of  1912).  The 
common  council  shall  have  power,  and  it  shall  be  its  duty  at 
the  first  meeting  in  January  in  each  year,  to  designate  one 
official  newspaper  for  the  publication  of  official  notices,  and 
such  other  matters  as  are  required  by  this  act  or  any  other 
statute,  to  be  published  at  the  city’s  expense.  The  paper  so 
designated  shall  be  published  in  the  city  of  Rome,  and  regard 
shall  be  had  to  its  regular  and  general  circulation  in  said  city, 
copies  free  to  recipients  being  eliminated  in  computing  said 
circulation.  The  common  council  may  prescribe  the  form  in 
which  the  proceedings  and  reports  of  the  city  officers,  boards 
and  'departments  shall  be  issued,  and  the  printing  and  binding 
of  the  same  shall  be  performed  under  contract  awarded  by  the 
common  council.  Whenever  any  part  of  this  act  now  requires 
any  publication  in  two  or  more  official  newspapers,  publica- 
tion in  one  official  newspaper  shall  be  sufficient. 

Sec.  43.  All  the  funds  of  the  city  not  expressly  placed  in 
the  control  of  any  board  shall  be  under  the  control  of  the  com- 
mon council,  and  no  moneys  shall  be  paid  out  of  such  funds 
by  the  city  treasurer  except  upon  warrants  drawn  by  said 
common  council  upon  the  treasurer  and  signed  by  the  presi- 
dent of  the  common  council,  stating  in  every  instance  the  name 
of  the  person  or  corporation  to  whom  it  is  payable,  the  amount 
thereof,  what  the  payment  is  for  and  from  what  fund  it  is  to 
be  made,  with  a reference  to  the  resolution  authorizing  the 
payment,  specifying  the  date  thereof. 

Sec.  44.  The  common  council  shall  have  the  power,  sub- 
ject to  the  general  laws  of  the  state,  in  the  manner  provided 
in  this  act,  to  grant  franchises  to  take  effect  only  in  the  city. 

Sec.  45.  The  common  council  is  hereby  authorized  and  is 
granted  power,  from  time  to  time,  to  annex  and  make  any 


24 


part  of  the  territory  of  said  city,  not  by  this  act  described  as 
being  within  the  corporation  tax  district  and  contiguous  to 
said  district,  a portion  of  such  district,  whenever  a majority 
of  the  property  owners  in  value  of  the  lands  and  real  estate 
and  residents  so  proposed  to  be  annexed,  according  to  the 
valuation  of  the  last  preceding  assessment  roll  as  to  such  prop- 
erty, shall  petition  the  same,  or  whenever  the  common  council 
shall  elect,  after  notice  duly  published  as  herein  provided  for 
the  publication  of  notices  of  special  elections,  addressed  gener- 
ally to  the  residents  and  property  owners  of  the  territory  there- 
in described  as  proposed  to  be  annexed,  of  such  intention,  and 
an  opportunity  given  to  be  heard  in  opposition;  but  the  common 
council  may  nevertheless  by  a majority  vote  annex  the  same, 
and  it  shall  on  such  vote  become  a part  of  such  district  and 
thereafter  all  the  provisions  of  this  act  relating  to  the  portion 
of  the  city  within  the  corporation  tax  district  created  hereby, 
shall  govern  the  territory  so  annexed. 

TITLE  IV. 

CITY  OFFICERS— THEIR  POWERS  AND  DUTIES. 

Sec.  46.  (As  amended  by  Chapter  468,  Laws  of  1905,  and 
Chapter  542’,  Laws  of  1918).  The  mayor  of  the  city  of  Rome 
shall  be  the  chief  executive  officer  thereof.  He  shall  have  and 
exercise  all  the  powers  conferred  upon  mayors  of  cities  by  any 
general  law  and  all  the  powers  conferred  upon  him  by  this  act. 
It  shall  be  his  duty  to  enforce  all  the  laws  governing  the  city 
and  the  ordinances  and  resolutions  passed  by  the  common 
council.  He  shall  be  the  executive  head  of  the  fire  and  police 
departments  of  the  city  and  shall  have  the  power  to  call  out  and 
command  the  police  and  fire  departments  whenever  in  his  dis- 
cretion he  shall  deem  it  necessary.  He  shall  have  the  right  to 
veto  all  resolutions,  ordinances  and  acts  of  the  common  council 
within  five  days  (Sundays  excepted)  after  a certified  copy 
thereof  shall  have  been  presented  to  him  by  the  city  clerk,  ex- 
cept such  as  relate  to  the  organization  of  the  common  council 
and  procedure  therein,  and  the  appointment  and  trial  of  offi- 
cers. He  may  likewise  veto  any  separate  items  of  any  ordinance 


25 


or  resolution  providing  for  the  expenditure  of  money  or  any 
separate  portion  of  any  such  ordinance  or  resolution  relating 
to  a separate  subject;  he  shall  within  five  days  (Sundays  ex- 
cepted) after  the  receipt  of  a certified  copy  of  such  resolution 
or  ordinance  transmit  to  the  common  council  in  writing  his  veto 
thereof  and  liis  reasons  therefor  by  filing  the  same  with  the 
city  clerk.  It  shall  be  his  duty  from  time  to  time,  as  the  public 
interests  require,  to  communicate  with  the  common  council 
orally  or  in  writing  upon  any  subject  of  which  it  lias  jurisdiction 
and  he  shall  have  power  to  recommend  to  the  common  council 
or  to  any  of  the  administrative  boards  of  the  city,  from  time  to 
time,  such  measures  as  he  shall  deem  necessary  or  expedient 
for  it  or  them  to  adopt  and  he  shall  transmit  to  the  common 
council  at  its  first  meeting  in  January  in  each  year  a statement 
of  the  general  affairs  of  the  city  in  relation  to  its  finances,  gov- 
ernment and  improvement  with  such  recommendations  as  he 
may  deem  proper.  He  shall,  except  as  herein  otherwise  pro- 
vided, sign  all  leases,  deeds,  contracts  and  other  papers  made 
and  entered  into  by  the  city  and  cause  to  be  affixed  thereto  the 
city  seal  and  slialJ  issue  all  licenses  authorized  by  the  common 
council.  It  shall  be  his  duty  and  he  shall  have  the  power  to 
make  all  necessary  investigations  into  the  conduct  of  all  officers 
of  the  city  and  of  all  boards  thereof.  He  may  compel  the  at- 
tendance of  witnesses  and  the  production  of  books  and  papers  at 
such  investigations  by  subpoena,  issued  under  his  hand,  and  his 
subpoena  shall  have  the  force  and  effect  of  a subpoena  issued 
out  of  the  supreme  court;  he  shall  have  power  to  prefer  charges 
against  all  elective  officers  of  the  said  cty  for  malfeasance,  non- 
fea  ance,  or  other  misconduct  in  the  discharge  of  their  respec- 
tive official  duties,  and  to  present  the  same  to  the  common 
council ; he  shall  make  appointments  to  office,  authorized  to  be 
made  by  him,  without  unreasonable  delay.  The  mayor  shall  re- 
ceive for  his  services  an  annual  salary  of  five  hundred  dollars 
until  December  thirty-frst,  nineteen  hundred  and  eighteen,  and 
thereafter  shall  receive  for  his  services  an  annual  salary  of  fif- 
teen hundred  dollars.  • 

Sec.  47.  (As  amended  by  Chapter  468,  Laws  of  1905,  and 
re-enacted  by  Chapter  542,  Laws  of  1918).  The  president  of  the 


26 


common  council  shall  preside  at  its  meetings  and  have  a casting 
vote  on  all  questions  arising  therein  only  when  the  vote  of  the 
other  members  are  tied;  in  case  of  the  temporarp  absence  or  dis- 
ability of  the  mayor,  he  shall  be  acting  mayor  of  the  city,  but 
without  the  power  to  appoint ; and  if  a vacancy  in  the  office  of 
mayor  shall  occur,  he  shall  be  the  mayor  of  the  city  for  the  resi- 
due of  the  mayor’s  term,  in  which  case  the  common  council  shall 
elect  one  of  its  members  president  of  the  common  council  for  the 
residue  of  the  term.  The  president  of  the  common  council  shall 
receive  such  reasonable  compensation  by  the  day  for  the  ser- 
vices actually  performed  by  him  as  a member  of  the  board  of 
review  of  assessments  as  the  common  council  shall  determine, 
not  exceeding  two  hundred  dollars  annually. 

Sec.  48.  (As  amended  by  Chapter  703,  Laws  of  1911,  and 
Chapter  424,  Laws  of  1917).  The  city  treasurer  shall  be  the 
fiscal  officer  of  the  city;  he  shall  perform  the  duties,  possess  the 
powers  and  be  subject  to  the  liabilities  and  obligations  pre- 
scribed by  law  for  town  collectors,  subject  to  the  provisions  of 
this  act;  he  shall  be  the  collector  of  all  taxes  and  assessments 
within  the  limits  of  the  city  and  he  shall  receive,  keep  and  dis- 
burse all  moneys  belonging  to  the  city  and  to  every  board  there- 
of. It  shall  be  his  duty  to  collect  all  moneys  due  the  city,  includ- 
ing taxes  and  assessments,  with  due  diligence  and  any  neglect 
in  so  doing  shall  be  cause  for  his  removal  from  office.  He  shall 
pay  no  moneys  from  the  treasury  of  the  city  excepting  upon 
warrants  signed  as  herein  provided,  specifyng  from  what  fund 
and  for  what  purpose  the  amount  named  therein  is  payable,  to- 
gether with  the  date  of  the  resolution  authorizing  the  payment 
thereof;  he  shall  file  all  such  warrants  and  keep  a complete  sys- 
tem of  double  entry  book  account  of  all  the  financial  affairs  of 
the  city.  The  common  council  shall  at  its  first  meeting  in  each 
year  designate  some  incorporated  bank  or  banks  located  in  the 
city  of  Home  for  the  deposit  of  all  moneys  belonging  to  such 
city  and  shall  notify  the  treasurer  of  such  designation;  a bank 
once  designated  shall  continue  to  be  the  place  of  deposit  until 
another  shall  be  designated.  Every  bank  designated  as  a de- 
pository of  city  funds  pursuant  to  this  section  shall  execute  a 
bond  to  the  city  with  such  sureties  and  for  such  an  amount  as 


27 


the  common  council  shall  determine.  The  city  treasurer  shall 
deposit  to  the  credit  of  the  city  of  Rome  once  in  each  day  all 
moneys  in  his  hands  excepting  one  hundred  dollars  or  less  in 
such  hank  or  banks  as  the  common  council  shall  have  desig- 
nated, as  above  provided.  All  interest  allowed  by  such  bank 
or  banks  upon  any  money  so  deposited  shall  belong  to  the  city 
and  be  credited  to  the  city  by  said  bank  or  banks.  The  city 
treasurer  shall  present  to  the  common  council  at  its  first  meet- 
ing in  each  month  a statement  of  the  aggregate  receipts  and 
disbursements  on  account  of  each  fund  of  the  city  during  the 
preceding  month  and  the  balance  on  hand  belonging  to  each 
fund  of  the  city,  and  such  statement  shall  be  filed  with  the  city 
clerk ; he  shall  also  at  the  end  of  each  month  present  to  each  of 
the  administrative  boards  of  the  city  a statement  of  the  aggre- 
gate receipts  and  disbursements  during  the  preceding  month 
on  account  of  the  fund  set  apart  for  such  boards.  He  shall  ex- 
hibit to  the  common  council  at  its  last  meeting  in  each  year  a 
full  account  of  all  receipts  and  payments  after  the  date  of  the 
last  annual  report  of  the  treasurer  and  also  the  state  of  the  city 
treasury,  and  such  report  shall  be  printed  and  published  in  the 
official  papers.  The  treasurer  shall  not  overdraw  any  fund  but 
when  any  fund  is  exhausted  shall  notify  the  city  clerk,  who- 
shall  notify  the  board  whose  funds  may  be  exhausted;  each  of 
the  funds  created  by  virtue  of  the  provisions  of  this  act  shall 
be  kept  inviolate  and  devoted  to  the  purposes  for  which  it  is 
created  and  no  moneys  shall  be  drawn  from  any  fund  to  supply 
deficiency  in  any  other  fun'd.  The  salary  of  the  city  treasurer 
shall  be  fixed  by  the  common  council  at  not  to  exceed  eighteen 
hundred  dollars  per  annum,  which  sum  shall  include  and  be  in 
full  payment  of  all  extra  help  or  services  which  said  city  treas- 
urer may  require,  including  the  salary  or  compensation  of  a 
deputy  city  treasurer;  provided,  however,  that  in  case  of  dis- 
ability of  the  city  treasurer  such  extra  help  and  service  may  be 
provided  by  the  common  council  as  it  may  deem  necessary,  at 
the  expense  of  the  city.  The  city  treasurer  may  appoint  a dep- 
uty city  treasurer  for  such  period  of  time  as  he  may  deem  ad- 
visable; and  such  deputy  city  treasurer,  in  the  case  of  the  ab- 
sence or  disability  of  the  city  treasurer,  shall  have  and  possess 
all  the  powers  and  perform  and  discharge  all  the  duties  of  the 


28 


office  of  city  treasurer  until  the  city  treasurer  returns  or  his 
disability  ceases.  The  city  treasurer  shall  be  liable  to  the  city 
for  all  losses  sustained  by  any  act  of  misconduct  or  failure  to 
account  for  moneys  on  the  part  of  the  deputy  city  treasurer. 

Sec.  49.  (As  amended  by  Chapter  703,  Laws  of  1911,  and 
Chapter  424,  Laws  of  1917).  The  city  clerk  shall  keep  the  city 
seal  and  be  the  custodian  of  all  papers  and  records  belonging  to 
the  city;  he  shall  act  as  clerk  of  the  common  council  and  as  clerk 
of  the  board  of  audit.  He  shall  keep  an  accurate  account  of  all 
moneys  received  by  him  as  clerk,  and  upon  receipt  thereof  pay 
the  same  over  to  the  city  treasurer,  take  his  receipt  therefor  and 
file  the  same  in  his  office.  He  shall  also  keep  such  accounts  of 
the  city  as  the  common  council  shall  direct.  All  papers  and  rec- 
ords kept  and  filed  in  the  office  of  the  city  clerk  shall  during 
office  hours  be  open  to  inspection  by  any  citizen  or  taxpayer  of 
the  city.  He  shall  countersign  all  warrants  drawn  upon  the  city 
treasurer  by  the  common  council  and  shall  keep  an  accurate  ac- 
count of  such  warrants  in  a book  to  be  provided  for  that  pur- 
pose, which  shall  be  open  to  the  inspection  of  any  elector  of  the 
city  at  all  reasonable  hours,  and  he  shall  report  to  the  common 
council  at  its.  first  regular  meeting  in  each  month  the  aggregate 
amount  of  the  orders  drawn  by  him  on  each  fund  during  the 
preceding  months;  and  in  each  of  said  reports  shall  specify 
what  amount  to  the  credit  of  the  general  city  fund  must  be  re- 
served to  pay  salaries  and  other  fixed  expenditures.  He  shall 
not  sign  any  warrant  on  any  fund  when  such  fund  is  exhausted. 
The  salary  of  the  city  clerk  shall  be  fixed  by  the  common  coun- 
cil at  not  to  exceed  eighteen  hundred  dollars  per  annum,  which 
sum  shall  include  and  be  in  full  payment  of  all  extra  work,  help 
or  services  which  said  city  clerk  may  require,  including  the 
salary  or  compensation  of  a deputy  city  clerk;  provided,  how- 
ever, that  in  case  of  disability  of  the  city  clerk  such  extra  help 
and  service  may  be  provided  by  the  common  council  as  it  may 
deem  necessary,  at  the  expense  of  the  city.  The  city  clerk  may 
appoint  a deputy  city  clerk  for  such  a period  of  time  as  he  may 
deem  advisable;  and  such  deputy  city  clerk,  in  the  case  of  the 
absence  or  disability  of  the  city  clerk,  shall  have  and  possess  all 
the  powers  and  perform  and  discharge  all  the  duties  of  the 


29 


office  of  city  clerk  until  the  city  clerk  returns  or  his  disabilty 
ceases.  The  city  clerk  shall  be  liable  to  the  city  for  all  losses 
sustained  by  any  act  of  misconduct  or  failure  to  account  for 
moneys  on  the  part  of  the  deputy  city  clerk.  All  fees  received 
by  the  city  clerk  under  any  provision  of  law  shall  belong  to  the 
city  and  be  paid  by  him  to  the  city  treasurer. 

THE  CITY  ATTORNEY. 

Sec.  50.  The  city  attorney  shall  be  the  official  legal  ad- 
viser of  the  mayor,  the  common  council  and  the  boards  and 
other  officers  of  the  city.  He  shall  prosecute  and  defend  all 
actions  or  proceedings  brought  by  or  against  the  city  or  by 
or  against  any  of  its  officers  as  such;  he  shall,  whenever  the 
mayor  or  city  judge  directs,  represent  tiie  city  in  all  proceed- 
ings and  prosecutions  in  the  city  court  for  the  violation  of  any 
ordinance  of  the  city;  he  shall  pay  over  all  moneys  received 
by  him  for  the  city  without  delay  to  the  city  treasurer.  The 
salary  of  the  city  attorney  shall  be  one  thousand  five  hundred 
dollars  per  year.  No  person  shall  be  eligible  to  the  office  of 
city  attorney  unless  he  be  a resident  of  the  city  and  a coun- 
sellor of  the  supreme  court.  No  moneys  for  salaries  or  serv- 
ices rendered  the  city  as  legal  adviser  or  counsel,  except  as 
in  this  section  provided,  shall  be  paid  or  liability  therefor  in- 
curred by  the  common  council  of  the  city,  except  upon  the  con- 
sent of  the  common  council  and  the  mayor  of  the  city. 

Sec.  51.  (As  amended  by  Chapter  571,  Laws  of  1915).  The 
city  assessors  shall,  except  as  herein  otherwise  provided,  have 
as  to  the  city  all  the  powers  and  perform  all  the  duties  con- 
ferred and  imposed  upon  town  assessors  by  the  revised  statutes, 
and  all  other  general  laws  of  the  state  relating  to  taxes  and 
assessments,  and  shall  make  up  the  assessment  roll  for  the  city 
within  the  same  time  and  in  the  same  manner  as  is  provided 
for  assessment  rolls  for  towns;  each  assessor  shall  be  a free- 
holder in  the  city  and  two  of  them  shall  be  residents  of  the  cor- 
poration tax  district  of  the  city,  and  shall  receive  as  compensa- 
tion for  all  services  rendered  under  this  act  or  by  virtue  of  any 
statute  the  annual  salary  of  not  to  exceed  seven  hundred  dol- 
lars, the  amount  to  be  fixed  by  the  common  council. 


30 


The  city  clerk  shall  keep  in  his  office,  except  when  the  board 
of  assessors  shall  require  them,  maps  and  surveys  of  all  the  tax- 
able property  of  the  city,  certified  by  the  city  engineer  when 
made  as  hereinafter  provided,  which  maps  and  surveys  shall 
show  correctly  the  location  and  boundaries  of  all  pieces  of  prop- 
erty taxed  or  taxable  and  the  name  of  the  owner,  person  or  cor- 
poration assessed.  It  shall  be  the  duty  of  the  city  engineer  to 
provide  such  maps  and  surveys  under  the  supervision  and 
direction  of  the  board  of  assessors.  Before  any  expense  shall  be 
incurred  in  connection  therewith  the  same  shall  be  approved  by 
the  common  council. 

For  the  purpose  of  making  such  maps  and  surveys  said  board 
of  assessors,  acting  with  the  city  engineer,  shall  divide  the  city 
into  districts  as  may  be  advisable,  and  said  board  of  assessors 
shall  have  the  power  and  it  shall  be  its  duty  to  make  a notation 
on  each  map  and  survey  so  provided  and  kept  by  it  showing 
changes,  and  each  notation  shall  be  deemed  to  be  a part  of  each 
map  and  survey,  and  it  shall  also  be  the  duty  of  the  board  of 
assessors  to  make  said  notations  on  said  maps  and  surveys  at 
least  once  in  each  month. 

Reference  shall  be  made  to  each  map  and  survey  in  making 
the  assessment  rolls  or  tax  lists  in  all  local  assessments,  rolls  or 
lists  and  in  all  assessment  rolls  prepared  for  any  purpose  for 
use  in  said  city;  and  also  in  all  certificates,  notices  and  convey- 
ances of  property  sold.  Reference  to  each  map  and  survey, 
assessment  rolls,  tax  lists  and  assessment  lists  when  made  may 
be  generally  in  captions  thereto,  provided,  however,  that  until 
such  maps  and  surveys  are  made,  fully  completed  and  filed,  that 
said  assessment  rolls,  tax  lists  and  assessment  lists,  certificates 
of  sale  and  conveyance,  of  property  shall  be  made  as  heretofore 
according  to  the  law  in  force  at  the  time  this  act  takes  effect. 

Every  deed  of  conveyance  of  lands  in  said  city  shall  be  pre- 
sented to  the  city  clerk  and  stamped  by  him  showing  the  time 
of  such  presentation  before  it  shall  be  recorded,  and  if  the 
county  clerk  shall  record  any  deed  or  conveyance  of  lands  in  the 
city  of  Rome  which  has  not  been  stamped  by  the  city  clerk  of 
said  city  he  shall  forfeit  to  the  city  the  sum  of  ten  dollars;  but 
nothing  herein  contained  shall  affect  the  validity  of  a deed  re- 
corded without  being  stamped. 


31 


Every  map,  plot  or  subdivision  of  land  into  blocks  or  lots 
shall,  before  it  shall  be  filed  in  the  office  of  the  clerk  of  the 
county  of  Oneida,  or  in  any  city  office,  be  presented  to  said  city 
clerk,  and  a copy  thereof  filed  in  the  office  of  the  city  clerk, 
and  the  said  original  map  or  plot  shall  be  stamped  as  aforesaid 
by  said  clerk.  If  any  such  map  or  plot  which  has  not  been  so 
stamped  shall  be  placed  on  file  by  any  such  officer  he  shall  for- 
feit to  the  city  of  Rome  the  sum  of  ten  dollars. 

THE  CITY  JUDGE. 

Sec.  52.  The  city  judge  shall  have  all  the  powers  and  per- 
form all  the  duties  conferred  and  imposed  by  the  provisions 
of  this  act. 

Sec.  53.  (As  amended  by  Chapter  575,  Laws  of  1909,  and 
Chapter  542,  Laws  of  1918).  The  city  sealer  of  weights  and 
measures,  when  directed  by  the  mayor  as  such  city  sealer,  shall 
inspect  and  examine  weights,  measures,  scale  beams,  measures 
of  extension  and  weighing  apparatus,  and  shall  at  such  times 
possess  the  like  powers  and  be  subject  to  like  obligations  as  the 
sealers  of  the  several  towns  of  this  state  and  shall  receive  such 
fees  for  such  services  as  are  fixed  by  law,  or  where  they  are  not 
fixed  by  law,  as  the  common  council  shall  by  ordinance  deter- 
mine. The  common  council  may,  however,  in  its  discretion,  fix 
a salary  of  not  to  exceed  one  thousand  dollars  per  year,  to  be 
paid  by  the  city  to  the  said  city  sealer  of  weights  and  measures, 
which  salary  shall  be  in  lieu  of  all  fees  and  other  compensation 
to  which  such  city  sealer  of  weights  and  measures  would  other- 
wise be  entitled.  He  shall  also  have  supervision  over  and  take 
charge  of  public  markets  and  shall  perform  such  other  duties  in 
connection  therewith  as  the  mayor  may  direct. 

Sec.  54.  (As  amended  by  Chapter  468,  Laws  of  1905,  and 
Chapter  542,  Laws  of  1918) . The  board  of  public  works  and  the 
board  of  water  and  sewer  commissioners  shall  by  joint  action 
hire  a competent  civil  engineer  whose  duty  shall  be  to  perform 
such  work,  with  regard  to  surveying,  engineering  and  other 
similar  work,  as  may  be  ordered  by  and  come  under  the  juris- 


32 


diction  of  each  board.  He  shall  under  the  direction  of  said 
board  of  public  works,  within  two  years  after  the  passage  of 
this  act,  or  as  soon  thereafter  as  it  may  be  possible,  fix  and 
establish  to  the  approval  of  the  board  of  public  works  and  map 
the  grade  lines  of  all  streets,  sidewalks,  and  public  squares  in 
the  city;  shall  cause  to  be  prepared  a map  of  the  city  showing 
the  boundaries  and  alignments  of  all  streets,  public  places  and 
squares,  the  location  of  the  sewers  and  water  mains,  and  shall 
thereafter  change  and  add  to  such  maps  so  as  to  make  them  con- 
form to  and  show  any  alterations,  additions  or  extensions  in 
said  grade  lines,  boundaries,  alignments,  sewers  and  water 
mains  that  shall  be  made.  Any  maps  of  the  city  or  parts  of  the 
city  conforming  substantially  to  the  requirements  of  this  sec- 
tion heretofore  made  by  the  authorities  of  such  city  or  any  de- 
partment thereof,  may  be  regarded  as  made  hereunder  and  may 
be  used  in  place  thereof,  or  as  a part  of  the  maps  as  hereby  re- 
quired. He  shall  also  map  such  extensions,  additions  and 
alterations  that  may  be  made  from  time  to  time,  in  the  record 
books  or  atlases  of  the  water  works  and  sewers  kept  in  the  office 
of  the  board  of  water  and  sewer  commissioners.  He  shall  be 
provided  with  an  office  where  he  shall  keep  all  notes,  books, 
maps,  drawings  and  records  received  or  made  by  him  or  under 
his  direction  and  which  shall  be  properly  indexed  and  transmit- 
ted with  all  other  matters  and  property  pertaining  to  or  belong- 
ing to  his  office,  to  his  successors.  He  shall  personally  superin- 
tend the  opening,  making,  constructing  and  paving,  macadamiz- 
ing, repairing  and  grading  of  all  streets,  sidewalks  and  cross- 
walks, gutters,  storm  sewers  and  drains,  and  the  measurement 
of  all  work  done  on  the  streets ’or  on  the  public  places  in  the 
city,  and  make  all  preliminary  surveys  therefor,  and  prepare 
plans,  profiles,  specifications  and  estimates  therefor  when  nec- 
essary or  when  required  to  do  so  by  the  said  board  of  public 
works.  He  shall,  subject  to  the  direction  of  the  said  board,  su- 
perintend all  repairs,  improvements  to  and  upon  streets  and 
public  places  in  the  city,  including  the  cleaning  of  streets,  and 
building  and  repairing  of  storm  sewers,  drains  or  bridges  which 
the  city  is  bound  to  maintain,  the  laying  of  gas  and  water 
pipes;  the  setting  of  hydrants  in  the  streets,  and  shall  perform 
such  other  duties  as  may  from  time  to  time  be  required  by  the 


33 


board  of  public  works  and  water  and  sewer  commissioners,  or 
either  of  them.  He  shall  have  no  power  to  contract  debt  or  lia- 
bility on  the  part  of  the  city  except  as  authorized  by  one  of  the 
said  boards  having  such  matters  under  its  control.  He  shall 
not  be  interested  directly  or  indirectly  in  any  contract  with  the 
city  of  Rome  made  pursuant  to  the  provisions  of  this  title.  The 
board  of  public  works  shall  fix  his  compensation,  not  to  exceed 
three  thousand  dollars,  and  may  remove  him  at  pleasure.  Of 
said  compensation  one-fifth  part  thereof  shall  be  payable  by 
the  board  of  water  and  sewer  commissioners  from  the  funds  of 
the  water  department.  The  said  board  of  public  works  shall 
have  the  power  and  they  are  hereby  authorized  to  hire  such  as- 
sistants and  helpers  to  and  under  the  said  engineer  as  may  be 
necessary  for  the  performance  of  his  duties.  The  said  engineer 
shall  be  designated  the  “city  engineer”  and  he  may  be  required 
to  give  a bond,  in  form,  manner  and  amount  to  be  determined 
by  said  board,  for  the  faithful  performance  of  his  duties.  All 
books,  note  books,  papers,  maps,  drawings,  records,  notes,  tools, 
furniture,  instruments,  and  supplies  now  in  the  office  of  the 
city  engineer  and  belonging  to  the  city  of  Rome  shall  be  retained 
in  the  office  of  the  city  engineer  to  be  appointed  under  this  act, 
and  shall  be  under  the  care  and  control  of  the  said  board  of 
public  works. 

THE  CONSTABLES. 

Sec.  55.  The  constables  of  the  city  shall  perform  such  du- 
ties as  are  by  law  prescribed  for  constables  in  the  towns  and 
counties  of  the  state,  and  shall  be  entitled  to  the  same  fees 
therefor.  The  said  constables  shall  not  as  such  be  compelled 
to  serve  within  the  city  of  Rome  any  summons,  warrant  or 
other  process  issued  by  the  city  court  for  the  execution  of  the 
laws  of  the  state  for  the  prevention  of  crime  and  punishment 
of  criminal  offenses  or  of  the  police  laws  or  regulations  of  the 
state  or  of  the  said  city  or  of  proceeding  collateral  to  or  con- 
nected with  the  execution  of  such  general  laws  or  police  laws 
or  regulations,  nor  shall  the  county  of  Oneida,  or  any  of  the 
towns  therein,  or  the  city  of  Rome,  be  liable  to  pay  any  such 
constable  any  fees  for  services  under  such  summons,  warrant 
or  process. 


34 


THE  POUND  MASTER. 

Sec.  56.  Tlie  pound  master  shall  have  charge  of  the  city 
pound  and  perform  the  duties  imposed  upon  him  by  this  act 
or  by  the  city  ordinances,  and  shall  be  entitled  to  such  fees 
as  the  common  council  may  by  ordinance  prescribe. 

Sec.  57.  (As  amended  by  Chapter  573,  Laws  of  1915,  and 
Chapter  512,  Laws  of  1918).  The  janitor  of  the  city  hall  shall 
have  the  care  and  custody  of  the  city  hall  and  perform  such  ser- 
vices in  reference  thereto  as  the  common  council  or  the  mayor 
require,  including  the  care  and  custody  of  the  police  station.  He 
shall  receive  such  reasonable  compensation  as  the  common 
council  may  provide,  not  exceeding  twelve  hundred  dollars  per 
annum,  out  of  which  he  shall  pay  all  expenses  for  employes  that 
may  be  necessary  to  keep  the  said  city  hall,  including  said  police 
station,  in  a clean  and  sanitary  condition. 


ALDERMEN 


Sec.  58.  It  shall  be  the  duty  of  every  alderman  in  said  city 
to  attend  the  regular  and  special  meetings  of  the  common 
council  and  to  act  upon  committees  when  thereunto  appointed 
by  the  president  of  the  common  council  or  the  common  coun- 
cil, and  each  alderman  shall  possess  such  powers  as  are  con- 
ferred by  any  general  law  upon  aldermen  of  cities. 


SUPERVISORS. 


Sec.  59.  The  supervisors  provided  for  by  this  act  shall 
have  the  same  powers  and  duties  as  supervisors  of  any  town 
in  the  county  of  Oneida,  except  as  otherwise  provided  by  this 
act,  and  the  said  supervisors  shall  be  members  of  the  board  of 
supervisors  of  the  county  of  Oneida,  and  shall  be  entitled  to 
the  same  compensation  and  be  paid  in  the  same  manner  as 
other  members  of  said  board. 


THE  BOARD  OF  AUDIT. 


Sec.  60.  The  mayor,  president  of  the  common  council  and 


the  presidents  of  the  five  administrative  hoards  named  in  this 
act,  shall  constitute  the  board  of  audit,  and  the  mayor  shall 
be  the  chairman  thereof.  Every  pecuniary  claim  or  demand 
arising1  upon  contract  against  the  city  or  any  board  thereof, 
shall  in  the  first  instance  be  filed  with  the  city  clerk  and  shall 
contain  the  items  of  the  claim  and  be  sworn  to  by  the  claimant 
or  his  duly  authorized  agent;  the  city  clerk  shall  present  the 
claim  to  the  common  council  if  the  claim  originated  there,  or 
to  the  board  from  which  the  claim  originated.  The  common 
council  and  each  board  are  hereby  authorized  to  audit  claims 
arising  in  their  respective  departments  and  to  order  paid  such 
as  in  their  judgment  are  correct.  All  such  claims,  if  disputed, 
and  all  claims  for  injuries  or  damage  resulting  from  the  al- 
leged negligence  of  the  city  or  any  of  its  officers  shall  be  re- 
ferred to  the  board  of  audit.  A disputed  claim  within  the 
meaning  of  this  section  shall  be  a claim  to  which  objection 
to  payment  is  made  by  at  least  two  members  of  the  common 
council  or  of  any  administrative  board;  and  objection  may 
be  made  by  any  two  members  of  the  common  council  or  of  anr 
of  said  boards  to  the  payment  of  any  claim.  The  board  of 
audit  shall  examine  into  such  disputed  claim  or  claims  for 
damage  resulting  from  alleged  negligence  as  speedily  as  prac- 
ticable, and  shall  report  the  result  of  such  examination  with 
its  recommendation  in  case  of  claims  for  damages  resulting 
from  alleged  negligence  or  disputed  claims  originating  from 
the  common  council,  to  the  common  council,  and  in  other 
cases  to  the  board  from  which  the  claims  originated;  and  the 
said  common  council  or  board,  as  the  case  may  be,  shall  in 
case  the  claim  was  allowed  by  said  board  of  audit,  pay  the 
same  at  the  amount  allowed  by  said  board,  or  in  case  such 
claim  was  rejected  by  said  board  of  audit,  shall  refuse  pay- 
ment thereof.  The  board  of  audit  shall  have  power  and  it 
shall  be  its  duty  to  investigate  the  accounts  of  every  board 
and  officer  of  the  city,  shall  have  access  to  all  books  and  ac- 
counts of  the  boards  and  of  all  offices  of  the  city,  and  may 
compel  the  attendance  of  witnesses  and  the  production  of 
papers  before  it  by  subpoena,  noncompliance  with  which  shall 
be  subject  to  such  penalty  as  the  common  council  may  by  or- 
dinance prescribe  and  each  member  of  said  board  of  audit 


36 


may  administer  the  oaths  to  witnesses  and  intentional  false 
swearing  as  to  any  material  fact  by  any  witness  under  exami- 
nation by  the  hoard  of  audit  shall  be  perjury.  The  board  of 
audit  is  authorized  to  employ  accountants  for  the  examination 
of  the  city’s  accounts  and  the  expense  thereof  shall  be  paid 
by  the  city  treasurer  out  of  the  general  city  fund.  No  dis- 
puted bill  or  claim  for  injuries  or  damages  resulting  from  al- 
leged negligence  shall  be  paid  or  allowed  before  the  board  of 
audit  shall  have  reported  thereon  as  herein  provided,  and  no 
action  shall  be  brought  thereon  until  forty  days  after  the  pres- 
entation thereof  to  the  city  clerk.  Said  board  shall  be  a 
board  of  town  auditors  and  as  such  shall  audit  all  town  ac- 
counts. 

THE  BOARD  OF  REVIEW. 

Sec.  61.  The  president  of  the  common  council,  the  city  at- 
torney and  the  assessors  shall  be  a board  of  review  of  all  as- 
sessments and  shall  have  all  the  powers  conferred  and  be  sub- 
ject to  all  the  duties  imposed  by  law  upon  town  assessors  sit- 
ting in  review  of  their  assessments;  it  shall  be  the  duty  of  the 
assessors  to  make  out  the  assessment  rolls  according  to  the 
determination  of  the  board  of  review  of  assessments. 

Sec.  62.  No  officer  of  the  city  or  of  any  board  thereof  shall 
in  any  manner  be  interested  directly  or  indirectly  in  any  con- 
tract to  which  the  city  or  any  board  thereof  shall  be  a party, 
which  he  as  such  officer  has  taken  or  shall  take  any  part  in  au- 
thorizing for  the  purchase  or  hire  of  any  property,  furnishing 
materials  or  for  furnishing  or  performing  any  work,  labor  or 
service  except  in  respect  to  his  own  compensation  from  the 
city  or  any  board  thereof,  or  in  the  granting  of  any  franchise 
or  privilege;  and  no  officer  elected  or  appointed  shall  receive 
any  perquisite,  emolument,  fee  or  compensation  except  his  sal- 
ary, or  pay  from  the  city  or  any  board  thereof  for  any  act  done 
or  service  rendered  by  him  in  his  official  capacity  nor  shall 
he  accept  or  receive  any  sum  of  money  or  other  valuable  thing, 
fee  or  commission  upon  or  derive  any  advantages  from  the 
sale  or  hiring  of  any  property  to  or  by  the  city  or  any  board 


37 


thereof.  The  violation  of  any  provision  of  this  section  shall 
be  a misdemeanor. 

Sec.  63.  The  city  clerk,  city  judge,  city  treasurer,  con- 
stables and  any  other  officer  required  so  to  do  by  the  com- 
mon council,  shall  severally  before  assuming  their  offices  ex- 
ecute a bond  to  the  city  in  such  sums  as  the  common  council 
shall  direct,  and  with  such  sureties  as  the  common  council  shall 
approve,  conditioned  for  the  faithful  performance  of  the  duties 
of  their  respective  offices,  and  that  they  will  properly  apply 
and  account  for  all  moneys  and  other  property  received  by 
them  respectively.  All  bonds  given  by  such  officers  shall  be 
filed  and  recorded  in  the  office  of  the  city  clerk  in  a book  to 
be  kept  for  that  purpose.  The  neglect  to  execute  and  file  an 
official  bond  as  above  provided  by  any  officer  required  so  to 
do  prior  to  his  assuming  the  duties  of  his  office,  and  in  case 
such  bond  shall  be  required  by  the  common  council  after  the 
commencement  of  his  term  of  office,  within  ten  days  after 
such  requirement,  shall  create  a vacancy  in  such  office.  In 
all  cases  in  which  a bond  is  required  from  any  officer  by  the 
provisions  of  this  act  the  sureties  therein  shall  justify  to  an 
amount  which  shall  be  in  the  aggregate  twice  the  penalty  of 
such  bond. 

Sec.  64.  The  respective  city  officers  shall  have  such  powers 
and  duties  in  addition  to  those  enumerated  in  this  title  as  are 
conferred  or  imposed  by  this  act. 

Sec.  65.  The  mayor,  president  of  the  common  council  (ex- 
cept for  his  services  as  member  of  the  board  of  review),  the 
members  of  the  common  council  and  of  all  administrative 
boards  shall  serve  without  compensation,  except  as  herein 
otherwise  provided. 


TITLE  V. 


THE  ADMINISTRATIVE  BOARDS. 

Sec.  66.  The  administrative  boards  of  the  city  shall  be  as? 
follows: 

1.  The  board  of  public  works. 

2.  The  board  of  water  and  sewers. 

3.  The  board  of  fire  and  police. 

4.  The  board  of  health. 

5.  The  board  of  charity. 

Sec.  67.  Each  of  said  boards  shall  hold  its  meetings  at  the 
city  hall  or  at  such  other  place  as  the  common  council  may 
provide;  the  meetings  of  each  board  shall  be  public  except 
when  the  public  interests  require  secrecy,  and  the  minutes  of 
its  proceedings  shall  at  all  times  be  open  to  public  inspec- 
tion; each  board  shall  hold  regular  meetings  , and  shall  have 
power  to  fix  the  time  of  its  own  meetings;  special  meetings  of 
the  boards  may  be  called  by  the  president  or  any  two  mem- 
bers thereof,  by  serving  a notice  in  writing,  specifying  the 
purpose  of  the  special  meeting,  upon  each  member  personally 
or  by  leaving  such  notice  at  the  residence  or  place  of  business 
of  each  member  or  mailing  the  same  to  his  post  office  ad- 
dress; a mailed  notice  must  be  deposited  in  the  post  office  at 
least  twenty-four  hours  before  the  time  set  for  the  holding' 
of  such  special  meeting. 

Sec.  68.  Each  of  the  said  boards  shall  at  the  first  meeting' 
in  January  of  each  year  organize  by  the  election  of  one  of 
the  commissioners  thereof  as  president  for  the  ensuing  year, 
who  shall  hold  office  until  his  successor  is  in  like  manner 
elected;  in  the  temporary  absence  or  disability  of  such  presi- 
dent the  board  may  fill  such  vacancy  from  its  number. 


39 


Sec.  69.  Each  board  shall  have  power  to  prescribe  rules  of 
its  procedure,  to  compel  the  attendance  of  absent  members 
and  to  make  rules  and  regulations  for  the  employment  and 
dismissal  of  employes  of  the  board  and  the  discipline  and 
government  of  the  same. 

Sec.  70.  A majority  of  the  commissioners  of  each  board 
shall  constitute  a quorum  thereof,  but  no  resolution  calling 
for  the  expenditure  of  money  shall  be  passed  by  any  board 
except  upon  a concurring  vote  of  a majority  of  all  its  mem- 
bers and  the  vote  upon  such  a resolution  shall  be  by  ayes  and 
nays  and  entered  upon  the  minutes  of  the  board. 

Sec.  71.  Each  board  shall  cause  to  be  kept  accurate  min- 
utes of  its  proceedings  which  shall  be  recorded  by  the  clerk 
thereof  in  a book  to  be  provided  for  that  purpose. 

Sec.  72.  Whenever  required  by  resolution  of  the  common 
council  to  make  a report  upon  any  subject  specified  in  such 
resolution  a board  shall  report  to  the  common  council  as  re- 
quired. It  shall  also  be  the  duty  of  each  board  to  make  a re- 
port to  the  common  council  on  the  first  day  of  January  in 
each  year  showing  in  detail  all  its  accounts,  receipts,  expendi- 
tures and  obligations  for  the  preceding  fiscal  year;  such  an- 
nual report  shall  be  verified  by  the  president  of  the  board, 
and  shall,  together  with  the  annual  report  of  the  city  treasurer, 
be  published  by  the  city  clerk  in  the  official  newspapers  of 
the  city. 

Sec.  73.  No  board  shall  enter  into  any  contract  or  incur 
any  liability  against  the  city  beyond  the  amount  authorized 
as  in  this  act  provided.  No  commissioner  or  officer  of  any 
board  or  any  other  officer  shall  have  power  to  make  any  pur- 
chases, create  asy  liability  or  contract  any  debt  on  the  part  of 
any  board  unless  authorized  so  to  do  by  resolution  of  such 
board. 

Sec.  74.  The  several  boards  of  the  city  shall  not  be  cor- 
porate bodies,  but  departments  of  the  city  government,  and 
all  suits  at  law  in  relation  to  any  matter  under  the  control  of 


40 


the  respective  boards  shall  be  brought  by  or  against  the  city. 

Sec.  75.  All  contracts  entered  into  by  any  board  shall  be 
in  the  name  of  the  city  of  Rome,  and  signed  by  the  president 
thereof  in  behalf  of  the  city,  pursuant  to  resolution  entered 
upon  the  minutes  of  the  board. 

Sec.  76.  The  salary  of  the  superintendent  of  each  board 
shall  be  paid  by  the  board  out  of  the  funds  set  apart  for  the 
use  of  such  board  as  in  this  act  provided.  Each  of  the  boards 
of  said  city  except  the  board  of  water  and  sewers  may  by  reso- 
lution require  the  services  of  a clerk  who  shall  be  appointed 
by  the  mayor  and  whose  compensation  shall  be  fixed  by  the 
several  boards  with  the  approval  of  the  mayor  as  to  amount. 
The  superintendent  of  the  board  of  water  and  sewers  shall 
act  as  clerk  to  said  board. 

TITLE  VI. 

THE  BOARD  OF  PUBLIC  WORKS. 

Sec.  77.  The  commissioners  of  public  works,  appointed  as 
hereinbefore  provided,  shall  constitute  the  board  of  public 
works. 

Sec.  78.  The  board  of  public  works  shall  in  and  for  the 
city  have  all  the  powers  and  perform  all  the  duties  of  commis- 
sioners of  highways  in  towns,  except  as  herein  otherwise  pro- 
vided. The  said  board  is  vested  with  the  charge,  manage- 
ment, control  and  maintenance  of  the  bridges,  highways, 
streets,  storm  water  sewers,  gutters,  curbs,  sidewalks,  public 
parks,  places  and  squares  within  the  city,  and  of  all  the  ma- 
chinery, tools  and  implements  used  in  connection  therewith, 
and  of  lighting  and  naming  the  streets  and  giving  numbers  to 
lots  and  tenements  and  changing  the  same. 

Sec.  70.  (As  amended  by  Chapter  468,  Laws  of  1905).  On 
and  after  January  first,  nineteen  hundred  and  six,  the  labor 
system  of  assessments  for  highways  in  and  for  that  part  of 


41 


the  city  outside  the  corporation  tax  district  shall  be  and  is 
abolished,  and  from  and  after  that  date  the  highways  of  that 
portion  of  tlm  city  shall  be  maintained,  repaired  and  perma- 
nently improved  by  a tax  to  be  levied  and  collected  the  same 
asi  town  taxes  upon  the  property,  real  and  personal,  in  that 
portion  of  the  city  situate  outside  of  the  corporation  tax  dis- 
trict. The  amount  of  such  tax  shall  be  determined  by  the 
board  of  public  works  of  the  city  and  shall  not  exceed  one-half 
the  value,  at  the  commutation  rates,  of  the  highway  labor 
which  would  be  assessable  under  the  labor  system.  Said  board 
shall  certify  the  same  to  the  board  of  supervisors  to  be  levied 
and  assessed  by  them  upon  the  property  aforesaid,  and  when 
collected  the  same  shall  be  kept  in  a separate  fund  to  be 
known  as  the  “highway  fund.”  Chapter  one  hundred  and  fif- 
teen of  the  laws  of  eighteen  hundred  and  ninety-eight,  entitled 
“An  act  to  provide  for  the  improvement  of  public  highways”, 
and  all  acts  amendatory  thereof  or  supplemental  thereto,  shall 
apply  to  any  public  highway  or  section  thereof  situate  outside 
of  said  corporation  tax  district,  and  the  portion  of  said  city 
lying  outside  of  said  corporation  tax  district,  shall  be  deemed 
a town  for  all  purposes  of  said  act  or  acts,  any  general  or  spe- 
cial statute  to  the  contrary  notwithstanding. 

Sec.  80.  The  board  of  public  works  shall  have  power: 

1.  (Repealed  by  Chapter  542,  Laws  of  1918). 

2.  To  make  all  contracts  relating  to  the  lighting  contracts 
and  naming  of  the  streets,  to  the  construction  and  repair  of  the 
bridges  and  highways,  streets,  curbing,  storm  water  sewers, 
sidewalks,  public  places,  squares  and  parks,  cleaning  streets 
and  the  removal  of  dirt  therefrom,  the  grading,  paving,  repav- 
ing and  macadamizing  of  all  streets,  public  places  and  squares 
and  the  provision  of  all  materials,  machinery,  implements  and 
utensils  therefor. 

3.  To  construct,  lay  out,  extend,  alter,  straighten  or  discon- 
tinue all  streets,  sidewalks,  curbs,  gutters,  storm  water  sewers, 
public  places,  squares,  parks  and  bridges  in  said  city;  no  street 
shall  be  discontinued,  and  no  new  street  opened  without  the 


42 


consent  of  all  persons  owning  or  interested  in  lands  thereon, 
except  by  proceedings  under  the  highway  law. 

4.  To  grade,  pave,  repave  or  macadamize  any  street  or  sec- 
tion of  a street  or  any  public  place  or  square,  and  to  fix  and 
regulate  the  grade  line  of  streets  and  sidewalks  and  to  cause 
sidewalks  and  gutters  to  be  made  and  curbs  to  be  set  of  such 
materials  as  it  may  direct. 

5.  To  cause  all  necessary  surveys,  maps  and  profiles  re- 
lating to  the  streets  or  sidewalks  now  existing  or  which  may 
hereafter  exist,  and  to  any  work  within  its  jurisdiction  to  be 
made. 

6.  To  regulate  the  planting,  trimming,  rearing  or  remov- 
ing of  all  trees  in  the  streets,  public  parks,  places  and  squares 
in  the  city. 

7.  To  improve  and  ornament  the  public  parks  and  pleasure 
grounds  and  to  make  regulations  in  the  management  and  use 
thereof. 

8.  To  regulate  the  use  of  storm  water  sewers  and  to  grant 
permits  therefor. 

Sec.  81.  (As  amended  by  Chapter  468,  Laws  of  1905).  It 
shall  be  the  duty  of  the  board  a,s  provided  in  section  one  hun- 
dred and  forty-eight  of  this  act  to  make  and  submit  to  the 
common  council  a written  estimate  or  estimates  of  the  expenses 
of  said  board  for  the  current  fiscal  yearns  follows: 

1.  For  cleaning  the  streets  of  the  city. 

2.  For  ordinary  repairs  of  streets,  sidewalks  and  crosswalks 
of  the  city. 

3.  For  the  portion  of  the  expenses  of  paving,  macadamizing, 
grading  or  curbing,  or  any  other  new  work,  except  sewers, 
which  should  be  borne  by  the  city  at  large. 


4.  For  the  maintenance  and  care  of  bridges  or  the  building 
of  new  bnage s. 


5.  For  the  maintenance,  ornamentation  and  improvement 
of  the  public  parks  of  the  city. 

6.  For  the  care  and  ordinary  repairs  of  the  storm  water 
sewers  of  the  city. 

7.  For  the  portion  of  the  expense  of  building  new  storm 
water  sewers  which  should  be  borne  by  the  city  at  large. 

8.  For  the  purchase  or  repair  of  machinery,  implements  and 
utensils  for  the  use  of  the  board. 

9.  For  lighting  the  streets  and  public  places  of  the  city. 

10.  For  the  maintenance  and  care  of  the  highway  and  cul- 
verts outside  the  corporation  tax  district. 

11.  For  other  expenses  of  said  board  not  above  specifically 
mentioned. 

Sec.  81a.  (As  amended  by  Chapter  468,  Laws  of  1905).  The 
common  council  shall  have  power  to  modify  or  ratify  said 
estimates  as  herein  provided  and  the  said  board  shall  not  have 
the  right  to  expend  any  greater  sum  than  is  authorized  by  the 
common  council. 

Sec.  82.  The  amount  raised  to  defray  the  expenses  of  main- 
taining, repairing,  cleaning  and  improving  (except  paving) 
the  streets,  public  places  and  squares  of  the  city  shall  be  kept 
in  a separate  fund  called  the  “ street  repair  fund”  and  no  part 
of  the  moneys  in  said  street  repair  fund  shall  be  used  for  any 
other  purpose  than  herein  specified;  the  amount  raised  to  de- 
fray the  expenses  of  maintaining  and  repairing  the  bridges  of 
the  city  shall  be  kept  in  a separate  fund  called  the  “bridge 
fund  ’ ’ and  no  part  of  the  moneys  in  said  fund  shall  be  used  for 
any  other  purpose  than  herein  provided;  the  amount  raised 
for  the  ornamentation,  maintenance  and  improvement  of  the 


44 


pu  1C  parks  shall  be  kept  in  a separate  fund  which  shall  he 
ca  e ie  park  fund”  and  no  portion  of  said  fund  shall  be 

rWdf°f  ai!i  °ther  rrp0Se  than  llerein  Provided;  the  amount 
ramed  for  the  maintenance  and  repair  of  storm  water  sewers 

and  for  the  payment  of  the  city’s  portion  of  the  expense  of 
building  new  storm  water  sewers  shall  be  kept  in  a separate 
und  called  the  storm  water  sewer  fund”  and  no  pan  of  the 
moneys  m said  sewer  fund  shall  be  used  for  any  other  pur- 
pose; the  amount  raised  for  paying  the  city’s  portion  of  the 
expense  of  paving  shall  be  kept  in  a separate  fund  called  the 
Paving  und  and  except  as  herein  provided  no  part  of  said 
fund  shaH  be  used  for  any  other  purpose;  the  amount  raSd 
lighting  the  streets  and  public  places  of  the  city  shall  be 

* TZ/r1  caiied  the  “^tmg  f™d”  and  no  part 

Of  said  fund  shall  be  used  for  any  other  purpose.  All  other 
moneys  raised  by  the  board  of  public  works  shall  be  kept  in 
a separate  fund  to  be  known  as  the  “public  works  fund.” 

,, S<r’ Z ^lle  hlgllWay  fund’  tlle  Park  the  sewer  fund, 

e lighting  fund,  the  paving  fund,  the  street  repair  fund,  the 

i ridge  fund  and  the  public  works  fund  set  apart  for  the  use  of 
the  board  of  public  works  shall  be  under  the  control  of  the 
hoard  of  public  works  and  shall  he  paid  out  bv  the  city 
treasurer  only  upon  warrants  drawn  by  the  said  board  upon 
the  treasurer,  signed  by  the  president  of  the  board,  the  super- 
intendent thereof  and  by  the  city  clerk  stating  in  everv  in- 
stance the  name  of  the  person  or  corporation  to  whom  it  is 
payable,  the  amount  thereof,  what  the  payment  is  for  and  from 

fl,X/Und  d 18  to  be  made>  with  a reference  to  the  resolution 
authonzing  the  payment,  specifying  the  date  thereof. 

Sec.  84.  The  board  of  public  works  shall  have  power  ex- 

Z eanf  Hremi°t3,lerWiSe  Pr0Vided’  t0  acquire  for  and  in  the 
name  of  the  city,  by  agreement  or  by  appraisal,  as  herein  pro- 

necess'irZ  T,  ’ e^ments>  privileges,  rights  and  estates 
11,  l • ' f .the  c<Mlstructl°n  and  maintenance  of  sewers,  for 
the  laying  out,  opening,  widening  or  straightening  anv  street 

fZ  ftfn  mai'ket’  r'  ',nay  alS0  enter  int0  and  uP°n  the  lands 
purpose  of  making  the  necessary  surveys,  provided 


45 


that  in  all  cases  involving  an  expenditure  of  more  than  one 
thousand  dollars  it  shall  have  first  submitted  to  the  common 
council  its  estimates  of  the  cost  of  such  real  estate  and  that  the 
common  council,  if  it  shall  approve  the  expenditure  proposed, 
shall  submit  the  proposition  to  a vote  and  be  required  to  have 
the  approval  of  the  taxpayers  given  at  a special  election  as 
provided  in  section  one  hundred  and  seventy-five  of  this  act 
and  the  tax  or  bonds  for  such  expenditures  raised  or  issued 
only  pursuant  to  said  section.  In  case  the  hoard  of  public 
works  can  not  agree  with  the  owner  or  owners  of  said  real 
estate  or  interest  therein,  upon  the  price  to  he  paid  therefor,  it 
may  proceed  to  acquire  or  perfect  title  to  such  land  in  the  man- 
ner provided  by  the  condemnation  law. 

Sec.  85.  The  board  of  public  works  shall  before  they  enter 
upon  the  construction  of  any  new  work,  the  estimated  expense 
whereof  is  more  than  two  hundred  dollars,  advertise  for  bids 
for  the  construction  of  such  work,  with  power  to  reject  any 
and  all  bids  received.  If  the  board  approves  a bid  it  may 
then  enter  into  a contract  in  the  name  of  the  city  for  the  com 
struction  of  such  new  work  and  shall  have  power  to  change 
or  modify  the  same,  provided  the  estimated  cost  as  furnished 
the  common  council  shall  not  be  exceeded.  All  such  con- 
tracts shall  be  let  to  the  lowest  bidder.  The  person  or  persons 
entering  into  such  contract  shall  execute  a bond  to  the  city  for 
the  faithful  performance  of  the  same  in  an  amount  to  he  ap- 
proved by  said  board. 

Sec.  86.  (Eepealed  by  Chapter  327,  Laws  of  1907). 

Sec.  87.  (As  amended  by  Chapter  468,  Laws  of  1905.)  It 
shall  be  the  duty  of  the  owner  or  occupant  of  any  property 
fronting  on  any  street,  public  square,  place  or  highway  of  the 
city,  to  build,  keep  in  repair  and  rebuild  sidewalks  in  front 
of  his  said  property  upon  such  established  grade  and  of  such 
materials  and  size  as  the  board  of  public  works  may  direct.  It 
shall  be  the  duty  of  such  owner  or  occupant  to  clean,  keep 
free  and  clear  from  ice  and  snow  such  sidewalks.  The  com- 
mon council  may  provide  by  ordinance  for  the  enforcement  by 


46 


proper  penalties  of  the  provisions  of  this  section,  and  in  case 
of  the  failure  of  such  property  owner  or  occupant  to  build 
such  sidewalks  as  above  provided  when  notified  so  to  do, 
the  board  of  public  works  may  cause  such  sidewalks  to  be  con- 
structed and  certify  the  cost  thereof  not  exceeding  the  expense 
of  labor  and  materials,  to  the  city  treasurer,  who  shall  collect 
the  same  and  shall  have  power  to  enforce  such  collection  by  ac- 
tion in  the  city  court,  in  the  name  of  the  city,  and  any  judg- 
ment recovered  thereon  shall  be  a lien  upon  the  premises  in 
front  of  which  such  walk  was  constructed. 

Sec.  88.  The  board  of  public  works  shall  have  power,  sub- 
ject to  the  approval  of  the  mayor,  to  enter  into  a contract  or 
contracts  for  the  lighting  of  the  public  streets,  parks  and 
places  of  the  city,  but  no  such  contract  shall  be  let  for  a longer 
period  than  five  years. 


TITLE  VII. 

OF  THE  BOARD  OF  WATER  AND  SEWER 
COMMISSIONERS. 

Sec.  89.  The  members  of  the  board  of  water  and  sewer 
commissioners  shall  be  residents  of  the  corporation  tax  dis- 
trict. Their  appointments  shall  be  so  arranged  that  the  office 
of  one  of  such  commissioners  shall  expire  on  the  first  day  of 
October  in  each  year.  Said  commissioners  shall  receive  no  pay 
for  their  services,  as  such,  either  directly  or  indirectly. 

Sec.  90.  The  treasurer  of  the  city  shall  be  treasurer  of  said 
board.  The  commissioners  shall  have  power  to  employ  a su- 
perintendent and  prescribe  his  duties.  The  superintendent 
shall  before  entering  upon  the  duties  of  his  office,  execute  to 
the  city  of  Rome  a bond  in  a penalty  to  be  fixed  by  the  board, 
with  two  or  more  sureties  or  a surety  company  bond  con- 
ditioned for  the  faithful  performance  of  his  duties  as  such,  and 
that  he  will  duly  account  for  and  pay  over  all  moneys  received 
or  collected  by  him  at  any  time  to  the  treasurer  of  the  board. 


47 


Said  bond  shall  be  approved  as  to  form  and  sufficiency  of  sure- 
ties by  the  mayor  and  filed  in  the  office  of  the  clerk.  He  shall 
hold  office  during  the  pleasure  of  the  board  and  his  compen- 
sation shall  be  fixed  by  the  board  and  paid  from  the  water 
moneys  and  funds.  The  commissioners  shall  also  have  power 
to  employ  engineers  and  inspectors  for  all  necessary  work  upon 
either  the  water  or  sewer  systems  of  the  city,  and  also  such 
subordinate  officers  and  employes  as  they  may  deem  neces- 
sary, and  they  may  fix  the  compensation  of  all  said  officers 
and  employes. 

Sec.  91.  All  moneys  received  by  said  board  for  the  use  of 
water,  and  all  other  receipts  for  or  on  the  account  of  the  wTater 
department,  and  the  proceeds  of  any  bonds  that  shall  or  may 
be  issued  hereafter  by  the  city  for  any  increase  or  extension 
of  the  water  supply  or  system,  shall  be  kept  separately  by  the 
city  treasurer,  and  he  shall  credit  the  same,  including  all  pre- 
miums received  on  the  sale  of  such  bonds,  and  the  interest  re- 
ceived on  deposits  of  all  the  moneys  aforesaid,  to  the  credit  of 
water  fund.  And  all  moneys  received  by  said  board,  whether 
from  taxes,  bonds,  permits  or  otherwise,  for  or  on  account  of 
the  sanitary  sewers  of  said  city,  including  interest  on  deposits 
thereof,  shall  be  kept  by  said  treasurer  separately  to  the 
credit  of  the  sewer  fund.  The  treasurer  of  said  board  shall 
pay  out  such  funds  only  upon  and  in  accordance  with  orders 
or  warrants  of  said  board,  which  orders  or  warrants  shall  state 
and  designate  from  which  of  said  funds  said  money  is  to  be 
drawn. 

Sec.  92.  (As  amended  by  Chapter  575,  Laws,  of  1909,  Chap- 
ter 131,  Laws  of  1911  and  Chapter  327,  Laws  of  1912’).  The 
said  board,  in  addition  to  the  powers  conferred  and  duties  im- 
posed by  this  title,  shall  have  and  exercise  all  the  rights, 
powers  and  privileges,  and  perform  and  fulfill  all  the  duties 
now  vested  by  law  in  said  board.  They  shall  also  have  and 
exercise  the  rights  and  powers  and  perform  and  fulfill  all 
the  duties  connected  with  and  incident  to  the  care,  manage- 
ment, construction  and  control  of  the  sanitary  sewer  and  water 
system  of  the  city  of  Rome,  including  extensions  and  new 


48 


lines  thereof,  and  necessary  repairs  to  each  of  said  systems 
of  water  and  sanitary  sewers.  Storm  water  sewers  shall  not 
he  deemed  and  included  in  and  as  part  of  the  sewer  system 
of  the  city  for  any  of  the  purposes  of  this  act.  The  city  of 
Rome  by  its  board  of  water  and  sewer  commissioners  is  here- 
by authorized  and  empowered  to  construct  such  new  lines 
and  extensions  of  the  sanitary  sewer  system  of  said  city,  and 
build,  erect,  equip,  operate  and  maintain  a sewage  disposal 
plant  or  plants,  as  shall  be  recommended  by  said  board,  and 
may  acquire  all  necessary  lands  and  rights  of  way  therefor  by 
purchase  or  condemnation,  but  no  sewage  disposal  plant  or 
plants  shall  be  built  or  erected,  unless  the  same  shall  be  ap- 
proved by  a majority  of  the  taxpayers  voting  at  a special 
election  called  for  that  purpose  by  the  common  council  of 
said  city,  and  conducted  in  the  manner  and  as  prescribed 
in  section  one  hundred  and  seventy-five  of  this  act,  so  far  as 
the  same  is  applicable  thereto.  Such  new  lines  and  extensions 
of  said  sewer  system  shall  be  made  only  under  the  order  and 
direction  of  the  common  council  of  said  city,  accompanied  by 
a plan  and  estimate  thereof  by  the  city  engineer  and  approved 
by  said  board.  The  cost  and  expense  of  constructing  and 
laying  any  and  all  new  lines  and  extensions  of  said  sewers 
and  of  the  repairs  to  and  maintenance  of  the  said  sewer  sys- 
tem of  said  city,  shall  be  determined  in  each  year  by  and  upon 
the  estimates  and  requisition  of  said  board.  The  common 
council  of  said  city  shall  provide  for  such  costs  and  expenses 
and  for  the  cost  and  expense  of  any  sewage  disposal  plant 
or  plants  by  general  tax,  and  the  same  shall  be  assessed,  lev- 
ied and  raised  in  the  same  manner  and  in  addition  to  and  in 
connection  with  the  general  tax  of  said  city,  except  that  in 
case  the  common  council  shall  provide  for  the  payment  of  the 
cost  of  the  construction  of  any  sewage  disposal  plant  or  plants 
by  general  tax,  said  tax  shall  thereupon  be  immediately  levied 
and  assessed,  but  only  one-fifth  thereof  shall  be  extended 
and  collected  each  year  for  the  next  succeeding  five  years, 
and  provision  shall  be  made  in  the  contract  or  contracts  en- 
tered into  for  the  construction  and  installation  of  said  plant 
or  plants,  for  the  payment  of  the  cost  thereof  in  five  annual 
installments;  or  said  common  council  may  at  its  option  bor- 


49 


row  said  moneys  and  cause  revenue  bonds  of  said  city  to  be 
issued  therefor  by  and  in  the  name  of  said  city  for  a term  not 
exceeding  five  years,  with  interest  at  the  rate  of  not  more 
than  five  per  centum  per  annum,  signed  by  the  mayor  and  city 
clerk,  payable  in  equal  annual  installments,  which  installments 
shall  be  levied  and  collected  by  tax  in  the  same  manner  as  and 
in  addition  to  the  general  tax  of  the  city;  or  said  common 
council  may  at  its  option  issue  bonds  of  said  city  for  said 
amount,  or  any  part  thereof,  which  shall  be  issued  by  and  in 
the  name  of  the  city,  payable  in  not  to  exceed  twenty  years 
from  date  of  issue,  with  interest  at  the  rate  of  not  to  exceed 
five'  per  centum  per  annum  and  signed  by  the  mayor  and  city 
clerk. 

Sec.  93.  The  said  board  shall  establish  rates  as  nearly  uni- 
form as  may  be  practicable,  at  which  the  water  used  by  in- 
dividuals and  corporations  shall  be  paid  for  by  such  indi- 
viduals and  corporations,  and  in  special  cases  may  make  spe- 
cial agreements  and  contracts  for  the  sale  and  use  of  water, 
which  shall  be  obligatory  upon  the  city  and  individuals  and 
corporations  using  said  water;  said  commissioners  or  their  su- 
perintendent shall  be  authorized  at  all  times  to  enter  any 
buildings  or  places  where  water  is  used  from  supply  pipes  to 
examine  as  to  the  water,  quantity  of  water  used  and  manner  of 
using  it.  The  water  rates  or  compensation  for  the  use  of  water 
fixed  or  agreed  upon  by  the  commissioners,  may  be  collected 
by  action  from  the  persons  or  corporations  using  the  water, 
and  the  commissioners  may  at  any  time  cut  off  the  supply  of 
water  to  any  person  or  corporation  that  may  be  in  default  of 
payment.  Said  board  may  charge  a reasonable  sum  for  per- 
mits to  connect  with  the  public  sewers,  and  the  amounts  re- 
alized therefrom  shall  be  paid  over  to  the  treasurer  of  the 
board  and  credited  to  the  sewer  fund. 

Sec.  93-a,  (Added  by  Chapter  424,  Laws  of  1917).  The 
board  of  water  and  sewer  commissioners  of  such  city  may,  in 
its  discretion,  supply  water  from  such  system,  or  any  addi- 
tional system  provided  for  in  this  act,  to  any  village  or  to  the 
inhabitants  of  any  territory  outside  the  city  located  within  two 


50 


miles  of  tbe  main  or  mains  which  carry  the  water  from  the 
source  of  supply,  at  not  less  than  the  rate  charged  for  the  use 
of  water  in  the  city,  and  for  such  purpose  may  lay  and  construct 
necessary  pipes  and  conduits  to  connect  with  such  mains  in  any 
public  street  or  highway,  or  through  any  private  right  of  way 
provided  for  by  the  consumer.  The  expense  of  laying,  con- 
structing and  maintaining  said  necessary  pipes  and  conduits 
may  be  paid  wholly  from  the  revenue  of  said  water  system,  or 
such  expense  may  be  paid  jointly  by  the  board  from  said  rev- 
enues and  by  the  village  or  the  inhabitants  supplied  in  such  pro- 
portion as  may  be  agreed  upon  by  the  board  and  the  village,  or 
said  inhabitants,  .or  such  expense  may  be  borne  solely  by  said 
village  or  by  said  inhabitants  so  supplied.  In  case  the  ex- 
pense of  laying  said  pipes  or  conduits  shall  be  borne  wholly  or 
in  part  by  any  such  village,  it  is  hereby  authorized  to  provide 
necessary  moneys  for  its  share  of  such  expense  by  tax  upon 
the  taxable  inhabitants  and  property  of  the  village,  to  be  levied 
by  the  trustees  of  the  village  in  the  same  manner  as  other  vil- 
lage taxes.  A village  taking  water  under  this  section  may  sup- 
ply its  inhabitants  with  water  upon  such  terms  as  its  trustees 
may  determine.  Water  shall  not  be  furnished  under  this  section 
to  villages  and  inhabitants  of  outside  territory  in  an  amount 
which  will  reduce  the  supply  of  water  to  the  city  of  Rome  and 
its  inhabitants  below  the  quantity  sufficient  therefor;  and  any 
contract  or  agreement  by  the  board  with  any  person  or  village 
under  this  section  shall  contain  a provision  authorizing  the 
temporary  or  permanent  withholding  of  water  whenever  the 
board  shall  determine  that  the  needs  of  the  city  and  its  inhabi- 
tants require  such  action. 

Sec.  94.  Any  person  who  shall  wilfully  do  or  cause  to  be 
done  any  act  whereby  any  water  or  sewer  mains,  reservoirs, 
dams,  materials  or  property  whatsoever  constructed,  laid  or 
used  in  the  city  by  said  commissioners,  or  under  their  direction, 
for  either  the  water  or  sewer  systems  of  the  city  or  who  shall 
maliciously  or  wilfully  commit  any  act  which  shall  injuriously 
affect  or  tend  to  affect  the  water  supplied  by  said  commis- 
sioners or  who  shall  in  any  way  injure  or  destroy  any  of  the 
pipes,  mains  or  other  property  or  appurtenances  of  the  sewer 


51 


system  of  said  city,  shall  he  deemed  guilty  of  a misdemeanor, 
and  may  be  punished  by  fine  or  imprisonment  or  both,  in  the 
discretion  of  the  court,  and  shall  also  forfeit  and  pay  to  the 
city  double  the  damages  sustained  thereby. 

Sec.  95.  That  said  board  of  water  and  sewer  commissioners 
may  establish  rules  and  regulations  for  and  concerning  the  use 
of  the  water  supplied  by  said  board,  and  may  thereby  impose 
fines  and  prohibitions  for  any  violations  of  said  rules  and 
regulations,  not  exceeding  the  sum  of  fifty  dollars,  which  pen- 
alty may  be  recovered  in  the  name  of  the  city  before  any  court 
having  cognizance  thereof. 

Sec.  96.  Whenever  the  board  of  public  works  shall  by  or- 
dinance provide  for  and  require  the  paving  and  grading  of  any 
street  or  avenue  in  the  city  with  asphalt,  brick,  macadam, 
stone  or  other  expensive  material,  it  shall  under  the  direction 
of  the  board  of  water  and  sewer  commissioners  compel  the  resi- 
dents of  any  such  streets  and  avenues,  and  the  property  own- 
ers whose  lots  front  or  abut  thereon  to  lay  house  connecting 
drains  and  service  pipes  in  the  manner  said  board  shall  direct 
from  the  line  of  the  curbing  in  front  of  their  property  on  said 
street  to  the  sewer  mains  and  water  mains  in  said  street  and 
to  connect  them  therewith;  and  said  board  may  pass  and  en- 
force ordinances  therefor  prescribing  penalties  in  the  name  of 
the  city  of  Rome. 

Sec.  97.  The  said  board  shall  annually  on  the  first  day  of 
October  in  each  year,  and  at  all  such  other  times  as  may  be  re- 
quired by  the  common  council  of  the  city,  deliver  to  said  com- 
mon council  a detailed  statement  of  all  their  accounts,  receipts, 
expenditures  and  obligations  incurred  for  or  on  account  of  the 
water  department,  and  a similar  separate  statement  of  all  their 
accounts,  receipts,  expenditures  and  obligations  for  or  on  ac- 
count of  the  sewer  department. 

Sec.  98.  The  city  of  Rome  by  its  board  of  water  and  sewer 
commissioners,  is  hereby  authorized  and  empowered  to  enlarge, 
extend,  supplement  and  increase,  from  time  to  time,  as  may  be 


52 


necessary,  the  present  water  system  and  supply  of  said  city 
and  to  secure  an  additional  supply  of  pure  and  wholesome 
water  for  the  use  of  said  city  and  the  inhabitants  thereof,  from 
the  stream  of  water  known  as  Fish  Creek,  or  other  suitable 
stream  in  the  county  of  Oneida,  by  gravity  or  steam,  or  other 
feasible  system  as  said  board  of  water  and  sewer  commission- 
ers shall  recommend  and  deem  best ; and  said  city  may  through 
said  board  of  water  and  sewer  commissioners  in  the  manner 
hereinafter  provided,  acquire,  construct,  build  and  maintain 
all  necessary  dams,  lines,  rights  of  way,  water,  reservoirs, 
buildings,  mains,  laterals  and  other  necessary  property  rights, 
easements  and  privileges  therefor,  and  to  cause  the  bonds  of 
said  city  to  be  issued  therefor  in  the  manner  hereinafter  pro- 
vided. 

Sec.  99.  Before  incurring  any  pecuniary  liability  under 
section  ninety-eight  of  this  act  the  common  council  of  said 
city  shall  by  an  act  or  ordinance  thereof,  adopt  and  prescribe 
such  plan,  estimate,  system  or  source  of  water  for  said  in- 
creased supply  as  shall  be  recommended  and  approved  by  said 
board  as  most  feasible  and  best  adapted  to  supply  the  requisite 
quantity  and  quality  of  water,  together  with  the  estimated 
cost  and  expense  thereof,  and  shall  submit  the  same  for  ap- 
proval to  the  voters  of  the  corporation  tax  district  of  the  city 
of  Rome,  in  the  manner  provided  in  section  one  hundred  and 
seventy-five  of  this  act. 

Sec.  100.  If  such  ordinance  be  approved  by  a majority  of 
the  voters  of  the  corporation  tax  district,  the  said  board  shall 
thereupon  proceed  to  construct  said  additional  or  supplemental 
works,  and  for  that  purpose  they  may  take  and  hold  in  the 
name  of  the  city  of  Rome,  any  lands,  easements,  water  and 
rights  of  way,  and  may  enter  upon  lands  of  any  person  or  per- 
sons for  the  purpose  of  supplying  the  city  of  Rome  with  pure 
and  wholesome  water,  and  may  take  such  water  from  Fish 
Creek  or  other  stream  so  selected  at  any  point  within  the  county 
of  Oneida,  and  may  dam  the  waters  of  Fish  Creek  or  other 
streams  selected  and  carry  same  to  any  part  of  said  city  and 
may  lav  and  construct  pipes,  conduits,  aqueducts,  reserviors 


53 


or  other  works  or  machinery  necessary  or  proper  for  said  pur- 
pose, upon  any  lands  so  entered  on,  purchased,  taken  or  held. 
Said  board  of  water  and  sewer  commissioners  may  enter  upon 
any  streets,  highways,  roads,  lanes  or  public  squares  through 
which  they  may  deem  it  proper  to  convey  said  water,  and  lay 
and  construct  pipes,  conduits,  aqueducts  or  other  works  for 
that  purpose,  leaving  said  streets,  highways,  lanes  and  public 
squares  in  the  same  condition  as  nearly  as  may  be,  as  they 
were  before  said  entry,  doing  no  unnecessary  damage. 

Sec.  101.  If  said  board  of  water  and  sewer  commissioners 
he  unable  to  agree  with  the  owner  or  owners  of  any  lanes, 
property,  rights  or  water  intended  to  be  taken  or  used  as  afore- 
said, for  the  purchase  thereof,  the  said  board  may  proceed  to 
acquire  the  title  thereto  for  the  city  by  condemnation  proceed- 
ings as  prescribed  by  title  one,  chapter  twenty-three  of  the 
code  of  civil  procedure,  and  said  board  may  raise  and  maintain 
a dam  across  Fish  Creek,  or  other  stream  selected,  at  any  point 
within  the  county  of  Oneida  selected  by  said  board,  to  any 
height  that  may  be  necessary  for  the  purposes  aforesaid. 

Sec.  102.  The  contracts  for  said  work  and  material  for 
constructing  said  additional  water  system  shall  be  made  for 
said  city  by  said  board  of  water  and  sewer  commissioners, 
and  paid  for  by  them  out  of  the  money  provided  and  appro- 
priated pursuant  to  this  title;  and  they  shall  have  full  power 
to  make  contracts  to  carry  out  the  provisions  thereof. 

Sec.  103.  (As  amended  by  Chapter  245,  Laws  of  1908).  The 
common  council  of  the  city  of  Rome  is  hereby  authorized  and 
empowered  to  issue  bonds  of  said  city,  from  time  to  time,  as 
may  be  necessary  to  any  amount  not  exceeding  the  said  sum 
approved  by  a majority  of  the  voters  hereinbefore  provided, 
when  required  by  said  board  of  water  and  sewer  commission- 
ers, for  said  additional  water  supply,  and  the  said  board  may 
expend  the  proceeds  of  same  for  the  purpose  of  enlarging  and 
increasing  the  water  supply  system  of  the  city  of  Rome  afore- 
said, and  carrying  out  the  provisions  of  this  title.  They  shall 
be  issued  by  and  in  the  name  of  the  city  of  Rome,  signed  by 
the  mayor  and  city  clerk,  in  such  denominations  or  amounts, 


54 


and  payable  at  such  time  or  times  as  said  board  may  recom- 
mend and  deem  expedient,  but  the  term  of  said  bonds  shall  not 
exceed  forty  years.  Said  bonds  shall  bear  such  rate  of  inter- 
est as  the  common  council  shall  prescribe,  not  exceeding  the 
legal  rate,  and  such  interest  shall  be  payable  semi-annually  on 
the  first  days  of  January  and  July  of  each  year,  and  shall  be 
sold  at  not  less  than  par,  and  none  of  them  shall  be  sold  until 
required  by  the  board  of  water  and  sewer  commissioners  and 
wanted  for  the  purpose  aforesaid.  Nothing  herein  contained 
shall  invalidate  any  proceedings  or  action  taken  or  rights  ac- 
quired by  the  city  of  Rome  or  any  of  its  boards  or  officials, 
under  title  seven  of  the  act  hereby  amended,  or  any  general 
or  special  law  or  statute.  If  at  the  time  of  the  issue  of  any 
bonds  authorized  by  this  section  the  indebtedness  of  said  city, 
exclusive  of  certificates  of  indebtedness  or  revenue  bonds  is- 
sued in  anticipation  of  the  collection  of  taxes  for  amounts  ac- 
tually contained  or  to  be  contained  in  the  taxes  for  the  year 
when  such  certificates  or  revenue  bonds  were  issued,  and  pay- 
able out  of  such  taxes,  shall  exceed  ten  per  centum  of  the  as- 
sessed valuation  of  the  real  estate  of  said  city  subject  to  taxa- 
tion as  shall  appear  by  the  assessment  rolls  of  said  city  on  the 
last  assessment  for  state  or  county  taxes  prior  to  such  issue, 
then  the  term  of  such  bonds  so  to  be  issued  shall  not  exceed 
twenty  years,  and  a sinking  fund  shall  be  created  on  the  issue 
of  said  bonds  for  their  redemption  by  raising  annually  a sum 
which  will  produce  an  amount  equal  to  the  sum  of  the  princi- 
pal and  interest  of  said  bonds  at  their  maturity.  Such  sinking 
fund  shall  be  created  and  maintained  as  follows:  Out  of  the 

surplus  earnings  derived  from  the  operation  of  the  water  works 
system,  after  the  payment  of  the  cost  of  operation,  manage- 
ment and  maintenance  thereof  and  the  payment  of  the  inter- 
est upon  any  outstanding  water  bonds  already  issued  by  the 
city  and  the  interest  upon  any  bonds  issued  pursuant  to  this 
act,  there  shall  be  created  a sinking  fund  for  the  redemption 
and  payment  of  such  bonds,  principal  and  interest  at  the  ma- 
turity thereof,  by  setting  apart  annually  an  amount  sufficient 
to  produce  at  the  maturity  of  said  bonds  a sum  equal  to  the 
principal  and  interest  then  to  become  due.  If  and  whenever 
the  revenues  of  said  water  system  shall  be  insufficient  to  pro- 


vide  for  the  sinking  fund  requirement  and  for  the  interest  up- 
on any  such  bonds,  the  board  of  water  and  sewer  commission- 
ers of  said  city  shall  report  the  fact  and  the  amount  of  such  de- 
ficiency to  the  common  council.  It  shall  thereupon  become  the 
duty  of  the  common  council  of  said  city  to  provide,  and  said 
common  council  shall  provide  for  such  deficiency  and  the  pay- 
ment thereof  in  the  manner  now  provided  by  law  for  the  pay- 
ment of  the  principal  and  interest  of  other  bonded  indebtedness 
of  said  city.  Said  sinking  fund  shall  he  deposited  in  such  bank, 
banks  or  trust  companies  as  shall  be  duly  designated  by  the 
board  of  water  and  sewer  commissioners  therefor,  and  no 
moneys  shall  be  withdrawn  therefrom  except  for  the  payment, 
redemption  or  purchase  of  the  bonds,  or  some  part  thereof,  for 
the  redemption  of  which  such  sinking  fund  was  created,  or  for 
the  transfer  of  such  fund  or  some  part  thereof  to  another  depos- 
itory duly  designated  therefor.  Any  such  bonds  paid,  redeemed 
or  purchased  shall  be  at  once  canceled  in  the  manner  provided 
by  law.  The  funds  remaining  in  said  sinking  fund  at  any  time, 
or  any  part  thereof,  may,  however,  be  invested  by  said  board  of 
water  and  sewer  commissioners,  with  the  approval  of  the 
mayor,  in  any  interest-bearing  bonds  or  obligations  of  the  Uni- 
ted States,  of  the  state  of  New  York,  or  of  any  county,  city  or 
municipality  of  the  state  of  New  York,  including  the  city  of 
Rome,  the  validity  of  which  bonds  or  obligations  lias  been 
first  approved  by  the  city  attorney  of  said  city.  Any  bonds  of 
the  said  city  of  Rome,  or  other  bonds,  when  so  purchased  for 
the  investment,  may  be  resold  by  the  board  of  water  and 
sewer  commissioners,  when  necessary  or  expedient  to  provide 
funds  to  carry  out  the  purposes  of  the  sinking  fund  herein  au- 
thorized. Also,  the  board  of  water  and  sewer  commissioners 
of  said  city  of  Rome  may,  at  any  time,  create  from  funds  in  its 
possession  an  additional  sinking  fund  to  the  one  hereinbefore 
specified,  for  the  retirement  of  any  water  or  sewer  bonds  here- 
tofore or  hereafter  issued,  and  may,  with  the  approval  of  the 
mayor,  invest  said  additional  sinking  fund  in  any  interest- 
bearing  bonds  or  obligations  of  the  United  States,  of  the  state 
of  New  York,  or  any  county,  city  or  municipality  in  the  state 
of  New  York,  including  the  city  of  Rome,  the  validity  of  which 
bonds  or  obligations  has  been  first  approved  by  the  city  attor- 


56 


ney  of  said  city.  Any  obligations  or  bonds  of  the  said  city  of 
Rome,  or  other  bonds,  when  so  purchased,  may  be  resold  by  the 
board  of  water  and  sewer  commissioners  when,  in  its  judgment, 
necessary  or  expedient  to  provide  funds  to  carry  out  the  pur- 
poses of  said  additional  sinking  fund. 

Sec.  104.  The  amount  derived  by  the  board  of  water  and 
sewer  commissioners,  from  the  receipts  for  the  use  of  water 
shall  be  applied  by  said  board  to  the  payment  of  the  cost  of 
maintaining,  operating  aind  extending  the  system  of  water 
works  in  said  city,  and  to  the  payment  of  the  principal  and  in- 
terest falling  due  on  any  water  bonds  hereafter  issued  under 
or  by  virtue  of  this  title,  as  well  as  on  any  and  all  other  water 
bonds  heretofore  issued  by  said  city  and  now  outstanding.  If 
any  surplus  from  the  water  receipts  as  aforesaid  shall  remain 
after  the  payment  aforesaid,  said  board  is  hereby  authorized 
and  permitted  to  apply  such  surplus,  together  with  any  unex- 
pended balance  standing  to  the  credit  of  the  sewer  fund,  to  and 
toward  the  payment  of  the  interest  falling  due  upon  the  sewer 
bonds  of  said  city  issued  under  and  in  pursuance  of  the  pro- 
visions of  chapter  one  hundred  and  ninety-eight  of  the  laws  of 
eighteen  hundred  and  ninety- three,  entitled,  “An  act  to  provide 
a system  of  sewerage  for  the  city  of  Rome”.  In  each  year  in 
which  the  board  of  water  and  sewer  commissioners  shall  de- 
termine and  report  to  the  common  council  that  the  receipts 
for  water  aforesaid  are  or  will  be  insufficient  for  all  the  pur- 
poses aforesaid,  the  common  council  of  said  city  shall  make  due 
provision  by  tax  for  payment  of  such  deficiency,  and  the  same 
shall  be  assessed,  levied  and  raised  in  the  same  manner  as  any 
other  general  tax  of  said  city,  and  in  addition  to  and  in  con- 
nection with  the  general  taxes  of  said  city,  the  amount  of  such 
tax  to  be  determined  by  the  estimate  and  requisition  of  the 
board  of  water  and  sewer  commissioners,  which  estimate  and 
requisition  shall  state  the  amount  so  required  for  the  water 
department  and  the  amount  required  for  the  sewer  depart- 
ment separately. 

Sec.  105.  The  common  council  is  hereby  authorized  ai\d  em- 
powered to  pay  up  or  retire  at  the  maturity  thereof,  any 


57 


water  or  sewer  bonds  heretofore  or  hereafter  issued  by  the 
city  of  Rome.,  by  the  issue  of  new  substituted  bonds  for  like 
amounts,  which  new  bonds  shall  be  issued  in  the  same  man- 
ner and  form  as  provided  in  section  one  hundred  and  three  of 
this  act,  and  shall  be  used  for  no  other  purpose. 

Sec.  106.  Nothing  herein  contained  shall  be  construed  as 
waiving,  releasing  or  forfeiting  any  rights,  privileges  and  prop- 
erties of  the  city  of  Rome,  of,  in  and  to  the  waters  of  the  Mo- 
hawk River,  and  to  the  use  of  the  same  as  and  for  a supply  to 
said  city,  and  the  inhabitants  thereof,  as  now  possessed  and 
enjoyed  or  as  may  hereafter  be  acquired  under  this  title  by 
said  city,  and  such  rights  are  hereby  contained  and  confirmed. 

TITLE  VIII. 

THE  BOARD  OF  FIRE  AND  POLICE. 

Sec.  107.  The  commissioners  of  fire  and  police  shall  con- 
stitute the  board  of  fire  and  police  of  the  city;  they  shall  be 
residents  of  the  corporation  tax  district.  Their  appointment 
shall  be  so  arranged  that  the  office  of  one  of  such  commission- 
ers shall  expire  on  the  first  day  of  May  in  each  year. 

Sec.  108.  The  board  of  fire  and  police  shall  have  the  powers 
and  fulfill  the  duties  connected  with  and  incident  to  the  police 
government  and  discipline  of  the  city,  and  also  connected  with 
and  incident  to  the  government  and  discipline  of  the  fire  de- 
partment of  said  city  as  herein  provided,  and  shall  have  power 
from  time  to  time  to  make  and  adopt  such  rules  and  regula- 
tions with  reference  to  the  powers  and  duties  of  the  police  in 
causing  and  requiring  proper  means  of  exit,  suitable  doors, 
doorways,  stairs,  fire  escapes,  fireproof  material  in  dangerous 
places  in  buildings  or  other  means  of  safety  to  be  provided  by 
all  owners,  lessees  or  occupants  of  or  in  all  buildings,  halls, 
show  houses,  theaters  and  places  where  public  or  private  en- 
tertainments or  meetings  are  held  or  people  congregate,  and 
also  all  tenement  houses  or  buildings  occupied  by  six  or  more 
families  and  over  two  stories  in  height  to  make  them  safe,  or 


58 


said  board  may  from  time  to  time  recommend  the  adoption 
by  the  common  council  of  such  ordinances  and  regulations  as 
shall  embody  these  provisions,  which  shall  become  an  ordi- 
nance or  ordinances  of  the  city  to  be  enforced  by  this  board. 

Sec.  109.  (As  amended  by  Chapter  468,  Laws  of  1905).  The 
board  of  fire  and  police  shall  recommend  to  the  common  coun- 
cil in  writing  as  provided  by  section  one  hundred  and  forty- 
eight,  an  estimate,  or  estimates  of  the  amount  of  money  neces- 
sary to  be  expended  by  said  board  for  each  of  the  following 
purposes  for  the  current  fiscal  year: 

1.  To  pay  the  salaries  and  wages  of  the  policemen  and  spe- 
cial policemen  and  other  employes  of  the  police  department. 

2.  To  pay  the  salaries  and  wages  of  the  police  department 
other  than  for  salaries  and  wages  of  policemen. 

3.  To  pay  the  salary  and  wages  of  the  chief  engineer,  as- 
sistant engineer  and  foreman  and  other  subordinate  employes 
of  the  fire  department. 

4.  To  defray  the  expenses  of  keeping  in  good  repair  and 
condition  the  fire  engines,  fire  alarm  telegraph,  and  other  ap- 
paratus and  teams  used  for  the  extinguishment  of  fires,  and 
the  buildings  occupied  by  the  fire  department  and  of  purchas- 
ing all  necessary  supplies  and  of  extending  the  firm  alarm  tele- 
graph. 

5.  To  defray  the  expenses  of  purchasing  new  fire  engines, 

teams  and  apparatus  used  for  the  extinguishing  of  fires,  in- 
cluding hose.  - . 

6.  To  defray  the  expense  of  purchasing  or  renting  new 
premises  or  erecting  new  buildings  for  the  purpose  of  the  fire 
department. 

7.  To  defray  the  contingent  expenses  of  the  board  not 
otherwise  above  specified. 


Sec.  110.  (As  amended  by  Chapter  14,  Laws  of  1905).  The 


amount  raised  for  tlie  maintenance  of  the  police  department 
and  tlie  fire  department,  shall  with  the  moneys  received  un- 
der the  excise  law  of  the  state  and  the  earnings  of  the  policer 
be  set  apart  in  a separate  fund,  to  be  designated  the  police 
and  fire  department  fund,  and  the  fund  and  moneys  under  the 
control  of  said  board  shall  be  paid  by  the  city  treasurer  only 
upon  warrants  drawn  by  said  board  upon  such  treasurer  and 
signed  by  the  president  of  the  board  and  the  city  clerk,  stating 
in  every  instance  the  name  of  the  person  or  corporation  to 
whom  it  is  payable,  the  amount  thereof,  what  the  payment  is 
for  and,  for  which  department  the  payment  is  made,  with  a 
reference  to  the  resolution  authorizing  the  payment,  specify- 
ing the  date  thereof;  and  the  said  board  shall  not  have  the 
power  to  expend  in  any  one  year  any  greater  sum  than  is 
authorized  by  the  common  council.  The  city  treasurer  is  au- 
thorized and  directed  to  pay  over  and  transfer  to  the  police 
and  fire  department  fund,  immediately  upon  the  passage  of 
this  act,  all  moneys  on  deposit  with  him  to  the  credit  of  the 
police  department  fund,  and  the  fire  department  fund,  and 
thereafter  the  said  board  may  use  said  moneys  and  issue  war- 
rants thereon  for  the  expenses,  debts  and  obligations  of  either 
or  both  of  said  departments. 

Sec.  111.  The  said  board  shall  have  power  to  sell  and  dis- 
pose of  any  of  the  fire  department  property  under  their  direc- 
tion or  control,  except  real  estate,  when  in  their  judgment 
the  interests  of  the  city  will  be  promoted  thereby,  and  the 
avails  of  such  sales  shall  be  paid  to  the  city  treasurer  and  by 
him  placed  to  the  credit  of  the  fire  department  fund. 

Sec.  112.  The  board  shall  have  power  to  make  such  rules 
and  regulations  consistent  with  the  provisions  of  this  act  as 
it  may  deem  best  for  the  good  government  of  itself  and  for 
the  government  and  organization  of  the  fire  and  police  depart- 
ment. 

Sec.  113.  All  the  property,  real  and  personal,  now  owned 
or  which  may  hereafter  be  acquired  by  the  city  of  Rome  for  the 
use  of  the  fire  department,  shall  be  under  the  control  and 
management  of  said  board. 


60 


Sec.  114.  (As  amended  by  Chapter  4:24,  Laws  of  1917).  The 
hoard  of  fire  and  police  may  appoint,  not  exceeding  one  police- 
man for  every  twelve  hundred  inhabitants  of  the  city  as  shown 
by  the  last  national  census  preceding  such  appointment,  and  as 
many  firemen  as  in  their  judgment  are  necessary  for  the  proper 
protection  of  the  city  and  fix  the  salaries  or  wages  to  be  paid  to 
such  police  and  firemen. 

Sec.  115.  The  said  board  shall,  subject  to  the  limitations  of 
this  act,  maintain  fire  companies  and  appoint  a sufficient 
number  of  able  bodied  and  reputable  inhabitants  of  the  city 
of  Rome  firemen  to  belong  to  such  companies,  and  pay  them 
a reasonable  compensation  for  their  services  as  such  firemen. 
Said  board  shall  appoint  one  of  said  firemen  chief  engineer  of 
the  fire  department  who  shall  under  its  direction  have  full 
control  of  the  fire  department;  and  the  said  board  shall  also 
appoint  one  of  said  firemen  who  shall  act  as  assistant  to  the 
chief  engineer  in  the  management  and  control  of  the  fire  com- 
panies and  fire  apparatus  during  the  extinguishment  of  fires; 
the  board  shall  have  power  to  remove  in  its  discretion  any  of 
its  appointees  or  employes  provided  for  in  this  section. 

Sec.  116.  The  officers,  firemen  and  appointees  of  the  fire 
department,  with  their  apparatus  of  all  kinds,  when  on  duty 
shall  have  the  right  of  way  at  any  fire,  or  on  the  occasions  of 
any  alarm  of  fire,  in  any  highway,  street,  public  square  or 
avenue,  over  any  and  all  vehicles  of  any  kind,  except  those 
carrying  the  United  States  mail;  any  person  who  shall  refuse 
the  right  of  way,  or  in  any  way  obstruct  the  fire  apparatus  or 
in  any  way  interfere  with,  obstruct  or  resist  any  of  said  offi- 
cers, firemen  and  appointees  in  the  performance  of  their  duties 
shall  be  guilty  of  a misdemeanor  and  on  conviction  shall  be 
liable  to  punishment  for  the  same  by  a fine  not  exceeding  fifty 
dollars  or  by  imprisonment  in  the  county  jail  not  exceeding 
sixty  days,  or  both  such  fine  and  imprisonment. 

Sec.  117.  The  board  may  also  from  time  to  time  appoint  as 
many  extra  policemen  as  in  their  judgment  may  be  deemed 
necessary  who  shall  serve  for  such  time  as  may  be  designated 
by  said  board,  not,  however,  exceeding  ten  days  unless  author- 


61 


ized  by  tlie  common  council.  Any  policeman  who  during  his 
service  as  such  shall  become  intoxicated,  shall  be  dismissed 
from  further  duty  and  shall  be  ineligible  to  reappointment 
except  upon  unanimous  consent  of  the  board  of  fire  and  police. 
The  board  shall  also  have  power  to  appoint  special  policemen 
who  shall  possess  the  same  powers  and  be  subject  to  the  same 
liabilities  as  regular  policemen  for  the  benefit  of  any  person, 
society  or  corporation,  for  lawful  purposes,  at  the  expense  of 
the  person,  society  or  corporation  desiring  such  appointment, 
but  without  any  expense  or  liability  whatever  on  the  part  of 
the  city. 

Sec.  118.  The  board  of  fire  and  police  shall  select  from  the 
regular  policemen  appointed  by  them,  one  who  shall  be  the 
chief  executive  officer  of  the  police  department  and  known  as 
the  chief  of  police  of  the  city  of  Rome.  He  shall  keep  a record 
in  a book  to  be  provided  for  that  purpose,  of  all  cases  and  legal 
proceedings  in  his  department  and  of  all  services  performed  by 
him  and  the  several  policemen,  and  of  fees  received  by  him  or 
any  of  the  policemen,  which  shall  be  the  same  as  are  allowed 
to  constables  in  towns  for  like  services.  He  shall  at  least  once 
every  month  report  to  the  board  the  state  of  his  department, 
particularly  as  to  fees  received,  and  whether  any  members  of 
his  force  are  delinquent  in  their  duties,  and  such  other  matters 
as  the  board  may  require.  The  board  shall  also  appoint  an  as- 
sistant chief  to  be  selected  from  the  policemen  of  the  city,  who 
shall  under  the  direction  of  the  .chief  of  police  perform  any 
services  and  exercise  any  control  which  the  chief  of  police 
could  in  the  management  and  operation  of  the  department. 
In  the  absence  or  during  the  inability  of  the  chief  of  police 
the  assistant  chief  shall  possess  his  powers  and  perform  his 
duties.  The  board  shall  also  appoint  a station  keeper  who  shall 
have  charge  of  the  police  station  and  the  care  of  prisoners 
therein,  and  shall  perform  such  other  duties  as  the  board  shall 
direct. 

Sec.  119.  (As  amended  by  Chapter  333,  Laws  of  1910). 
Each  policeman  and  special  policeman  shall  before  entering 
upon  the  discharge  of  his  duties,  take  and  subscribe  and  file 


62 


in  the  office  of  the  city  clerk,  the  constitutional  oath  of  office, 
and  execute  a bond  to  he  approved  by  said  commissioners  con- 
ditioned for  the  faithful  performance  of  their  duties  and  the 
accounting  for  all  moneys,  received  by  them  in  their  official 
capacity,  and  they  shall  hold  office  during  good  behavior,  or 
until  incapacitated  by  age  or  disease.  Such  special  policemen 
shall  hold  office  only  for  such  time  for  which  they  shall  be 
temporarily  appointed.  Any  of  the  regular  policemen  ap- 
pointed by  the  board  of  fire  and  police  may  be  removed  from 
office  by  said  board  on  proof  of  charges  preferred  before  them, 
in  writing,  of  intoxication,  illegal,  corrupt  or  otherwise  im- 
proper conduct,  upon  which  the  accused  lias  had  an  opportunity 
to  be  heard  in  his  defense,  and  pending  such  charges,  said  board 
may  suspend  the  policeman  accused  from  pay  and  duty.  The 
board  of  fire  and  police  may  also  for  disobedience  of  their 
rules  or  orders  or  other  offense,  not  involving  corrupt  or  crim- 
inal conduct,  suspend  any  policeman  temporarily  from  duty, 
pay  or  both. 

Sec.  120.  The  policemen  and  special  policemen  authorized 
by  this  act  shall  have  the  same  power  and  authority  in  criminal 
cases  as  constables  possess  by  law,  and  shall  have  the  same 
power  and  authority  as  constables  in  civil  cases  and  proceed- 
ings so  far  as  serving  and  executing  all  processes  or  papers  in 
behalf  of  the  city  of  Rome  is  concerned,  but  not  otherwise. 
Said  policemen  and  special  policemen  shall  be  subject  to  the 
same  liabilities  and  perform  the  same  duties  as  constables 
except  as  herein  otherwise  provided.  They  shall  execute  the 
orders  and  commitments  of  the  city  judge  and  of  all  courts 
held  by  him,  and  convey  all  persons  sentenced  by  him  to  the 
penitentiary,  reformatory  or  house  of  refuge,  and  they  shall 
serve  and  execute  all  civil  processes  or  proceedings  issued  and 
directed  by  any  officer  or  court  in  favor  of  said  city  or  in 
which  said  city  shall  be  a party. 

Sec.  121.  No  fees  or  compensation  other  than  herein  pro- 
vided shall  be  charged  or  received  by  any  policemen  for  the 
arrest,  confinement  or  discharge  of  any  person  or  for  mileage 
or  for  serving  any  process  or  warrant  or  for  discharging  any 


63 


other  duty  by  this  act  required  to  be  performed  by  him.  But 
any  reasonable  or  necessary  expenses  incurred  by  any  police- 
man when  traveling  in  the  discharge  of  his  duties  as  policeman, 
shall  be  paid  by  the  said  board  and  the  said  board  is  hereby 
authorized  to  charge  the  county  of  Oneida,  or  the  city  of 
Rome,  as  one  of  the  towns  thereof,  as  the  case  may  be,  the 
moneys  thus  paid,  and  the  same  shall  be  audited  and  allowed 
by  the  board  of  supervisors  of  said  county,  or  by  the  board  of 
town  auditors  of  the  city  of  Rome,  to  and  for  the  benefit  of 
the  said  city  of  Rome,  and  shall  be  paid  to  the  treasurer  of 
said  city,  and  by  him  passed  to  the  credit  of  the  police  depart- 
ment fund. 

Sec.  122.  No  policeman  shall  receive  any  present  or  reward 
for  services  rendered  or  to  be  rendered,  unless  with  the  ap- 
proval of  the  board,  such  approval  to  be  expressed  by  resolu- 
tion of  the  board  entered  upon  the  minutes  of  the  board;  any 
policeman  who  shall  receive  any  fee  or  reward  in  violation  of 
this  section  shall  forfeit  his  office. 

Sec.  123.  The  board  is  hereby  authorized  to  charge  the 
county  of  Oneida,  or  the  city  of  Rome  as  one  of  the  towns  there- 
of, or  to  any  town  therein,  for  services  performed  by  the  police- 
man in  criminal  proceedings,  such  fees  as  are  allowed  to 
constables  of  towns  for  like  services  and  chargeable  to  said 
county,  city  or  towns,  and  the  same  shall  be  audited  and  al- 
lowed by  the  board  of  supervisors  of  said  county,  or  the  board 
of  town  auditors  of  said  towns,  to  and  for  the  benefit  of  the 
city  of  Rome,  and  shall  be  paid  to  the  city  treasurer  of  said  city 
and  be  credited  by  him  to  the  police  department  fund  of  said 
board.  In  cases  arising  under  the  ordinances  or  police  laws  or 
regulations  of  the  city  of  Rome,  where  judgment  shall  be 
rendered  in  favor  of  said  city,  or  where  said  city  would  be 
entitled  to  judgment,  the  same  fees  for  the  services  of  such 
policemen  as  constables  would  be  entitled  to  for  like  services, 
shall  be  included  in  such  judgment  and  charged  for  the  benefit 
of  such  city,  and  when  paid  or  collected  shall  be  paid  to  the 
treasurer  thereof  within  five  days  after  its  receipt  and  credited 
by  him  to  the  police  fund. 


64 


Sec.  124.  The  constables  in  said  city  or  the  different  towns 
of  Oneida  county  shall  not  as  such  be  compelled  to  serve  within 
the  city  of  Rome  any  summons,  warrants,  subpoenas,  commit- 
ment, notice,  paper  or  process  whatever,  issued  or  directed  by 
the  city  judge  or  of  the  city  court  in  execution  of  the  laws  of 
the  state,  for  the  prevention  of  crime  and  the  punishment  of 
criminal  offences,  or  of  the  police  laws  or  regulations  of  the 
state,  or  of  any  proceedings  collateral  to  or  connected  with  the 
execution  of  such  general  laws  or  police  laws  or  regulations  or 
ordinances;  nor  shall  the  county  of  Oneida  nor  any  of  the  towns 
therein  or  the  city  of  Rome  be  chargeable  with  or  in  any  way 
liable  to  pay  any  such  constable  any  fees  or  disbursements 
whatever  for  services  or  disbursements  paid  or  incurred  in  or 
by  virtue  of  such  summons,  warrant,  subpoena,  commitment, 
notice,  paper  or  process  whatever. 

Sec.  125.  (As  amended  by  Chapter  651,  Laws  of  1906).  All 
fines  collected  under  and  by  virtue  of  the  ordinances  of  the 
city  of  Rome,  and  all  moneys  collected  as  revenues,  penalties 
or  for  the  services  of  the  policemen  authorized  by  this  act, 
under  any  such  ordinances  and  in  pursuance  of  any  statute  dur- 
ing any  month,  shall  be  paid  to  the  treasurer  of  said  city  on  or 
before  the  sixth  day  of  the  next  succeeding  month. 

Sec.  126.  (As  amended  by  Chapter  468,  Laws  of  1905).  The 
common  council  of  the  city  of  Rome  shall  provide  and  keep  in 
order  such  station  houses,  lockups  and  other  necessary  accom- 
modations as  shall  be  required  for  the  use  of  the  police  depart- 
ment. The  mayor,  upon  the  recommendation  of  the  board  of 
fire  and  police,  may  offer  rewards  not  exceeding  two  hundred 
dollars  for  any  one  reward,  for  the  detection  or  apprehension 
of  the  perpetrator  of  any  crime  committed  within  the  city,  to 
be  paid  to  the  informant  from  the  police  and  fire  fund  on  the 
conviction  of  the  criminal. 


TITLE  IX. 


THE  BOARD  OF  HEALTH. 

Sec.  127.  The  commissioners  of  health,  appointed  as  here- 
inbefore provided,  shall  constitute  the  board  of  health  thereof. 
At  least  one  of  the  commissioners  of  health  shall  be  a compe- 
tent physician. 

Sec.  128.  (As  amended  by  Chapter  651,  Laws  of  1906).  The 
said  board  shall  recommend  to  the  common  council  the  amount 
of  salary  to  be  paid  to  the  health  officer,  and  upon  the  fixing 
of  his  salary  by  the  common  council,  the  said  board  of  health 
shall  choose  a health  officer  whose  term  of  office  shall  be  at 
the  pleasure  of  the  board.  The  office  attendant  of  the  board 
of  health  may  also  act  as  clerk  and  registrar  of  vital  statistics 
for  said  board,  and  when  by  resolution  of  the  board  of  health 
the  office  attendant  is  directed  to  perform  work  and  services 
as  clerk  or  registrar  of  vital  statistics  he  shall  do  so  without 
other  or  further  compensation  or  fees  than  his  salary  as  office 
attendant. 

Sec.  129.  The  said  board  of  health  shall  within  the  city 
have  all  the  powers  and  be  subject  to  all  the  duties  conferred 
and  imposed  upon  local  boards  of  health  by  general  or  special 
laws,  except  as  otherwise  provided  herein. 

Sec.  130.  (As  amended  by  Chapter  468,  Laws  of  1905).  The 
board  of,  health  shall  submit,  as  provided  in  section  one  hun- 
dred and  forty-eight  of  this  act  an  estimate  or  estimates  of  the 
necessary  amount  of  expenditure  required  by  the  board  for 
the  current  fiscal  year  and  submit  such  estimate  or  estimates 
specifying  each  item  of  expenditure,  to  the  common  council 
and  the  common  council  may  modify  such  estimate,  and  by 
resolution  fix  the  amount  that  the  said  board  may  expend 
during  the  ensuing  year.  ' 

See-  13L  A11  moneys  received  by  the  board  of  health  from 
any  source  shall  be  immediately  deposited  with  the  city  treas- 
urer, and  the  said  board  of  health  shall  have  control  of  the 


66 


funds  authorized  by  the  common  council  to  be  expended  by 
said  board.  The  city  treasurer  shall  set  apart  the  moneys  so 
authorized  and  raised  for  the  board  of  health  in  a separate 
fund  called  the  “ health  fund.” 

Sec.  132.  The  health  fund  shall  be  paid  out  by  the  city 
treasurer  only  upon  warrants  drawn  by  the  said  board  of 
health  upon  the  treasurer  and  signed  by  the  president  of  the 
board  of  health,  the  health  officer  and  the  city  clerk,  stating 
in  every  instance  the  name  of  the  person  or  corporation  to 
whom  it  is  payable,  the  amount  thereof,  what  the  payment  is 
for  and  from  what  fund  it  is  to  be  made  with  a reference  to 
the  resolution  authorizing  the  payment,  specifying  the  date 
thereof. 

TITLE  X. 

THE  BOARD  OF  CHARITY. 

Sec.  133.  The  commissioners  of  charity  appointed  as  herein 
provided  shall  constitute  the  board  of  charity  for  the  city. 

Sec.  134.  (As  amended  by  Chapter  651,  Laws  of  1906).  The 
board  of  charity  shall  have  all  the  powers  and  perform  all  the 
duties  within  said  city  which  are  now  possessed  and  performed 
by  overseers  of  the  poor  in  any  town  in  the  county  of  Oneida, 
except  as  otherwise  provided  by  this  act.  The  expense  of  the 
poor,  including  the  salary  of  the  superintendent  as  determined 
by  the  common  council  shall  be  levied  by  the  board  of  super- 
visors upon  the  city  as  heretofore  upon  the  town  of  Rome. 

Sec.  135.  The  said  board  shall  choose  some  competent  per- 
son for  superintendent  of  charities,  whose  duty  shall  be  to 
administer  the  charities  of  the  city  under  its  direction.  The 
said  board  shall  recommend  to  the  common  council  the  salary 
to  be  paid  to  such  superintendent  and  the  common  council 
shall  determine  the  salary  to  be  paid  to  the  superintendent 
before  his  appointment,  and  when  the  salary  is  once  fixed  it 
shall  not  be  changed  except  by  the  common  council  upon  the 


67 


recommendation  of  the  board  of  charity.  The  superintendent 
of  charities  shall  hold  office  during  the  pleasure  of  the  board 
of  charity. 

Sec.  136.  As  provided  by  section  one  hundred  and  forty- 
eight  of  this  act  the  board  of  charity  shall  submit  in  writing 
to  the  common  council  the  estimated  expenses  of  the  board  for 
the  ensuing  year  in  its  work,  and  the  common  council  shall 
have  power  to  ratify  or  modify  such  estimate  and  shall  set 
apart  as  the  poor  fund  the  sum  thus  fixed  for  the  year.  The 
said  fund  shall  be  held  by  the  city  treasurer  as  the  poor  fund 
and  shall  be  used  for  no  other  purpose  than  for  the  expense 
of  said  board.  The  said  board  shall  not  expend  any  sum  in 
addition  to  the  amount  authorized  by  the  common  council.  In 
case  in  any  year,  however,  additional  funds  are  required  by 
the  board  of  charity,  it  shall  submit  to  the  common  council  an 
estimate  of  the  amount  needed  and  specifying  the  reasons  why 
the  same  is  required;  and  if  the  common  council  authorize  ad- 
ditional funds,  the  same  shall  be  set  apart  in  the  hands  of  the 
treasurer  to  the  credit  of  the  poor  fund,  and  the  common  coun- 
cil is  hereby  authorized  to  borrow  on  the  credit  of  the  city  such 
sum  as  they  may  deem  advisable  for  said  board  and  to  add 
the  same  to  the  next  tax  levy. 

Sec.  137.  The  superintendent  shall  be  the  executive  officer 
of  the  board  of  charity,  and  shall  carry  into  effect  all  direc- 
tions of  said  board  evidenced  by  a resolution  entered  upon 
the  minutes  thereof.  He  shall  have  only  such  powers  as  are 
conferred  upon  him  by  resolution  entered  upon  the  minutes 
of  the  board. 

Sec.  138.  (As  amended  by  Chapter  651,  Laws  of  1906).  All 
payments  from  the  poor  fund  shall  be  paid  by  warrants  drawn 
upon  the  city  treasurer,  signed  by  the  president  of  said  board, 
the  city  clerk  and  the  superintendent  of  charities,  stating  in 
every  instance  the  name  of  the  person  to  whom  payable,  the 
amount  thereof  and  what  the  payment  is  for,  with  a reference 
to  the  resolution  authorizing  the  same,  giving  the  date  thereof. 

Sec.  139.  Nothing  in  this  act  contained  as  to  the  qualifica- 


68 


tion  of  city  officers  shall  be  construed  to  prevent  the  appoint- 
ment of  women  as  commissioners  of  charity,  and  the  mayor  is 
hereby  empowered  to  appoint  not  more  than  two  women  of  full 
age,  who  are  residents  of  the  city  of  Rome,  as  commissioners 
of  charity. 

Sec.  140.  The  said  board  shall  have  power  to  appoint  a 
competent  physician,  or  physicians,  whose  duties  shall  be  un- 
der the  direction  of  the  board  of  charity,  to  give  medical  at- 
tendance to  the  poor  of  the  city,  and  to  perform  such  duties  as 
the  board  of  charity  may  prescribe.  The  said  board  shall  rec- 
ommend to  the  common  council  the  salary  to  be  paid  to  such 
city  physician,  or  physicians,  and  upon  the  determination  of 
the  salary,  the  said  board  shall  be  authorized  to  select  a city 
physician,  or  physicians,  who  shall  hold  office  during  the 
pleasure  of  the  board.  The  health  officer  shall  not  be  eligible 
for  the  office  of  city  physician. 

TITLE  XI. 

OF  TAXES  AND  THE  COLLECTION  THEREOF. 

Sec.  141.  All  moneys  raised  by  tax  under  any  of  the  pro- 
visions of  this  act  for  the  following  purposes,  namely: 

1.  For  the  purpose  of  cleaning  and  repairing  streets;  for 
building,  extending  and  repairing  the  water  and  sanitary 
sewer  systems  of  the  city;  for  the  city’s  portion  of  the  expense 
of  storm  water  sewers  and  for  paving  and  improving  streets 
in  front  of  property  owned  by  the  city  and  at  street  intersec- 
tions; for  the  schools  within  the  corporation  tax  district;  for 
the  fire  department;  for  lighting  the  streets  and  for  the  pay- 
ment of  the  principal  and  interest  thereon  of  any  bonds  issued 
or  to  be  issued  for  any  of  such  purposes,  shall  be  levied  and 
assessed  only  upon  the  property,  real  and  personal,  situate 
within  the  corporation  tax  district. 

2.  (As  amended  by  Chapter  424,  Laws  of  1917).  For  the 
maintenance  and  repair  of  the  highways  in  said  city,  outside  the 


69 


corporation  tax  district,  and  the  payment  of  the  compensation 
and  expenses  of  the  district  school  superintendent,  shall  be 
levied  and  assessed  upon  the  property,  real  and  personal,  in 
said  city  situate  outside  the  corporation  tax  district  by  the 
supervisors  of  Oneida  county  in  the  same  manner  as  if  such 
district  was  a separate  town  of  Oneida  county. 

3.  All  other  moneys  raised  by  tax  under  any  of  the  pro- 
visions of  this  act,  or  of  the  general  laws  of  the  state,  shall 
be  levied  and  assessed  upon  the  property,  real  and  personal,  of 
the  entire  city. 

Sec.  142.  The  assessors  shall  make  the  assessment  roll  of  the 
city  in  the  manner  and  form  prescribed  by  the  general  tax  law 
of  the  state,  and  shall  indicate  thereon  the  taxable  property 
and  the  name  of  the  owners  or  occupants  thereof  included  in 
the  corporation  tax  district  in  a column  separate  from  that 
containing  a list  of  the  taxable  property,  and  the  names  of  the 
owners  or  occupants  thereof,  situate  in  said  city  outside  the 
corporation  tax  district.  They  shall  also  make  a separate  roll 
for  each  ward  of  the  city. 

Sec.  143.  When  assessors  shall  have  completed  their  assess- 
ment roll  they  shall  file  the  same  with  the  city  clerk  and  shall 
give  notice  for  thirty  days  by  posting  such  notice  in  three  pub- 
lic places  in  the  city  and  by  publication  thereof  in  the  official 
newspapers  published  in  the  city,  that  such  roll  is  completed 
and  filed,  and  that  all  persons  interested  may  examine  the 
same  at  the  city  clerks  office,  and  that  on  the  third  Tuesday 
of  August  next  ensuing  the  board  of  review  will  sit  to  review 
the  same. 

Sec.  144.  The  board  of  review  shall  sit  to  review  such  assess- 
ment on  the  third  Tuesday  of  August  in  each  year,  and  shall 
continue  their  session  as  long  as  necessary,  not  more  than  four 
consecutive  days,  and  when  they  have  finished  their  review, 
shall  forthwith  file  the  corrected  assessment  roll  certified  by 
the  board  of  review,  together  with  their  minutes  certified  as 
aforesaid,  in  the  office  of  the  city  clerk. 


70 


Sec.  145.  The  city  clerk  shall  immediately  there  upon  pro- 
ceed to  prepare  the  roll  for  the  ensuing  year.  He  shall  correct 
all  clerical  errors  appearing  therein,  make  a true  copy  of  the 
assessment  roll  for  each  ward  as  corrected,  certify  under  the 
seal  of  the  city  and  deliver  the  same  to  the  supervisors  of  the 
respective  wards  of  said  city  on  or  before  the  first  day  of  Oc- 
tober in  each  year,  to  be  by  them  presented  to  the  board  of 
supervisors  of  the  county  of  Oneida  as  the  assessment  rolls  for 
the  several  wards  of  the  city.  Nothing  in  this  section  shall  be 
construed  to  prevent  the  board  of  supervisors  of  Oneida  county 
from  exercising  in  respect  to  the  assessment  rolls  of  said  city 
delivered  to  them,  or  the  taxes  imposed  by  them  thereby,  the 
same  powers  which  are  vested  in  the  board  of  supervisors  in 
respect  to  assessment  rolls  of  towns,  or  any  correction  thereof. 
The  board  of  equalizers  shall  equalize  the  assessment  rolls  with 
those  of  the  other  towns  of  the  county  of  Oneida  as  required 
by  law. 

Sec.  146.  The  common  council  shall  annually  cause  to  be 
levied  and  raised  by  tax  upon  the  taxable  property,  real  and 
personal,  within  the  corporation  tax  district  the  sums  approved 
by  them  for  the  purposes  specified  in  subdivision  one  of  section 
one  hundred  and  forty-one  of  this  act.  The  board  of  super- 
visors shall,  annually,  cause  to  be  levied  and  raised  by  tax 
upon  the  taxable  property,  real  and  personal,  in  that  portion 
of  the  city  outside  the  corporation  tax  district,  such  sums  as 
may  be  necessary  for  the  purposes  specified  in  subdivision  two 
of  section  one  hundred  and  forty-one  and  upon  such  property 
situated  in  the  entire  city  such  sums  as  may  be  necessary  for 
the  purposes  specified  in  subdivision  three  of  said  section. 

Sec.  147.  (As  amended  by  Chapter  468,  Laws  of  1905,  Chap- 
ter 651,  Laws  of  1906,  Chapter  131,  Laws  of  1911,  'and 
Chapter  488,  Laws  of  1918).  The  taxes  raised  in  any  year  for 
the  aforesaid  city  expenses  (excluding  the  amount  to  be  raised 
for  state  and  county  purposes,  for  school  purposes,  for  town 
audit  and  expenses,  and  also  the  amount  raised  to  pay  the  prin- 
cipal and  interest  on  bonded  indebtedness)  shall  not  exceed  one 
dollar  and  twenty  cents  upon  every  one  hundred  dollars  of  the 
assessed  valuation  of  taxable  propert}7  in  said  city,  except  that 


71 


in  any  year  when  the  receipts  from  excise  revenues  shall  be  less 
than  they  were  in  the  year  of  nineteen  hundred  and  seventeen 
the  tax  rate  shall  be  incrased  to  an  amount  necessary  to  make 
up  for  any  such  deficiency  in  said  revenues. 

Sec.  148.  (As  amended  by  Chapter  468,  Laws  of  1905, 
Chapter  651,  Laws  of  1906,  and  Chapter  575,  Laws  of  1909). 
Each  of  the  administrative  boards  of  the  city  may,  from  time 
to  time,  between  January  first  and  March  first  in  each  year, 
make  preliminary  or  partial  estimates  of  the  expenses  of 
their  respective  boards  for  the  current  fiscal  year,  to  be  ap- 
portioned upon  the  property  within  the  corporation  tax  dis- 
trict, and  certify  such  preliminary  or  partial  estimates  to  the 
common  council;  and  the  common  council  may  also  during  such 
period  make  a preliminary  or  partial  estimate  of  other  neces- 
sary expenses  of  said  city  to  be  apportioned  upon  the  property 
within  the  corporation  tax  district.  Each  of  the  administra- 
tive boards  of  the  city  may  also  from  time  to  time,  between 
January  first  and  October  first  in  each  year,  make  preliminary 
or  partial  estimates  of  the  expenses  of  their  respective  boards 
for  the  current  fiscal  year  to  be  apportioned  upon  the  property 
of  the  entire  city  and  the  property  outside  the  corporation  tax 
district;  and  the  common  council  may  also  during  such  period 
make  a preliminary  or  partial  estimate  of  other  necessary 
expenses  of  said  city  to  be  apportioned  upon  the  property  of 
the  entire  city  and  the  property  .outside  the  corporation  tax 
district.  Upon  the  receipt  of  any  such  preliminary  or  partial 
estimate  from  any  of  said  boards  or  upon  the  making  of  any 
such  preliminary  or  partial  estimates  by  the  common  council, 
the  common  council  may  approve  of  the  same,  and  upon  the 
approval  thereof  they  shall,  in  accordance  with  section  one 
hundred  and  forty-one  of  this  act,  apportion  the  amount  of 
such  preliminary  or  partial  estimate  so  approved,  upon  the 
entire  city,  the  corporation  tax  district  and  the  property 
outside  the  corporation  tax  district.  Whenever  any  such 
preliminary  or  partial  estimate  shall  nave  been  approved  and 
the  amount  thereof  apportioned,  the  common  council  may  bor- 
row upon  the  credit  of  the  city,  a sum  not  exceeding  the 
amount  of  such  estimate,  and  the  amount  so  borrowed  shall 


be  placed  to  the  credit  of  the  board  or  department  making  the 
estimate,  and  shall  be  used  for  the  purposes  indicated  in  the 
estimate  and  no  others.  Such  sums  so  borrowed  shall  be  paid 
from  the  proceeds  of  the  tax  levies  within  the  fiscal  year  in 
which  the  loans  are  made,  and  provisions  for  the  payment 
thereof  shall  be  made  in  the  tax  levies  of  such  fiscal  year. 
Not  later  than  the  first  day  of  March  in  each  year  each  of 
said  administrative  boards  except  the  board  of  water  and 
sewer  commissioners,  shall  make  a final  and  complete  estimate 
in  detail  of  the  expenses  and  income  of  their  respective  depart- 
ments for  the  current  fiscal  year,  the  expenses  of  which  are  to 
be  apportioned  upon  the  property  within  the  corporation  tax 
district,  and  shall  certify  such  estimate  to  the  common  council. 
The  common  council  shall  make  a final  and  complete  detailed 
statement  by  items  of  all  other  expenses  of  the  city  as  esti- 
mated by  it  for  the  current  fiscal  year,  to  be  apportioned  upon 
the  property  within  the  corporation  tax  district,  and  shall 
cause  all  the  aforesaid  estimates  to  be  published  in  the  official 
newspapers  of  the  city  once  previous  to  the  regular  or  special 
meeting  to  be  held  in  the  month  of  March,  at  which  said  final 
and  complete  estimates  are  to  be  passed  upon  by  it.  At  that 
meeting  or  any  meeting  to  which  an  adjournment  may  be  had. 
it  shall  revise  such  estimates  and  determine  the  entire  amount 
necessary  to  be  raised  to  defray  the  expenses  of  the  city,  to 
be  apportioned  upon  the  property  within  the  corporation  tax 
district  for  the  current  fiscal  year.  Not  later  than  the  first 
day  of  October  in  each  year  all  of  said  administrative  boards, 
except  the  board  of  water  and  sewer  commissioners,  shall 
make  final  and  complete  estimates  in  detail  of  the  expenses 
and  income  of  their  respective  departments  for  the  current 
fiscal  year,  the  expenses  of  which  are  to  be  apportioned  upon 
the  property  of  the  entire  city  and  the  property  outside  the 
corporation  tax  district  and  shall  certify  such  estimates  to 
the  common  council.  The  common  council  shall  make  a final 
and  complete  detailed  statement  by  items  of  all  other  expenses 
of  the  city  as  estimated  by  it,  to  be  apportioned  upon  the  prop- 
erty of  the  entire  city  and  the  property  outside  the  corporation 
tax  district,  and  shall  cause  all  the  aforesaid  estimates  to  be 
published  in  the  official  newspapers  of  the  city  once  previous 


73 


to  the  regular  and  special  meeting  to  be  held  in  the  month  of 
October,  at  which  said  final  and  complete  estimates  are  to  be 
passed  upon  by  it.  At  that  meeting  or  at  any  meeting  to  which 
an  adjournment  may  be  had  it  shall  revise  such  estimates  and 
determine  the  entire  amount  necessary  to  be  raised  to  defray 
the  expenses  of  the  city  for  the  current  fiscal  year,  to  be  ap- 
portioned upon  the  property  of  the  entire  city  and  the  property 
outside  the  corporation  tax  district.  The  common  council  may, 
by  a vote  of  the  majority  of  all  its  members  approve 
or  reduce,  but  shall  not  increase,  any  of  the  estimates  of 
the  various  boards  aforesaid,  subject,  however,  to  the  limita- 
tions herein  contained  as  to  the  estimates  of  the  board  of  edu- 
cation. The  common  council  shall,  in  accordance  with  section 
one  hundred  and  forty- one  of  this  act,  apportion  the  aggregate 
amount  upon  the  entire  city,  the  corporation  tax  district  and 
the  property  outside  of  said  corporation  tax  district,  respect- 
ively, and  shall  not  later  than  the  fifteenth  day  of  May,  levy 
the  amount  of  tax  so  apportioned  upon  the  property  within  the 
corporation  tax  district,  and  shall  also  levy  the  amount  or 
portion  of  any  partial  or  preliminary  estimate  that  has  been 
apportioned  upon  the  property  within  the  corporation  tax  dis- 
trict, at  any  time  during  the  year,  previous  to  that  date.  Any 
part  or  portion  of  any  preliminary  or  partial  estimate,  or  of 
any  final  and  complete  estimate  that  may  be  apportioned  upon 
the  entire  city,  or  upon  the  property  outside  the  corporation 
tax  district,  shall  be  included  in  the  town  audits,  and  shall  be 
placed  in  the  town  budget,  by  the  board  of  audit  when  said 
board  meets  as  a board  of  town  auditors  for  the  year  in  which 
the  apportionments  were  made.  Upon  the  approval  of  such 
final  and  complete  estimates,  and  the  apportionment  thereof, 
the  common  council  may  borrow  upon  the  credit  of  the  city,  a 
sum  not  exceeding  tliree-fourtlis  of  such  estimates,  which  sum 
so  borrowed  shall  be  paid  out  of  the  taxes,  levied  within  the 
fiscal  year  in  which  the  loans  were  made. 

Sec.  149.  (As  amended  by  Chapter  651,  Laws  of  1906,  and 
Chapter  424,  Laws  of  1917).  The  city  clerk  under  the  direction 
of  the  common  council,  shall  extend  and  apportion  on  the  last 
preceding  assessment-roll  delivered  to  him,  as  aforesaid,  said 


74 


tax  so  levied  upon  the  corporation  tax  district,  and  shall  forth- 
with file  the  same  in  his  office;  such  roll  shall  then  and  on  or 
before  the  first  day  of  July,  or  as  soon  thereafter  as  prac- 
ticable, be  delivered  to  the  treasurer  of  the  city  with  a warrant 
annexed,  under  the  seal  of  the  city  and  signed  by  the  mayor 
and  city  clerk  commanding  him  to  receive,  levy  and  collect  the 
several  sums  in  the  roll  specified  as  assessed  against  the  person 
or  property  therein  mentioned  or  described,  with  such  percent- 
age of  penalty  and  interest  as  in  this  act  provided,  in  the  man- 
ner provided  by  law  for  the  collection  and  levying  of  county 
taxes  by  town  collectors,  and  to  return  this  warrant  and  roll  to 
the  city  clerk  within  ninety  days  after  date  of  warrant.  The 
provisions  of  sections  one  hundred  and  forty-eight  and  one  hun- 
dred and  forty-nine  of  said  act,  as  hereby  amended,  relative  to 
the  time  of  presenting  estimates  of  expenses  and  income,  the 
publication  of  such  estimates,  the  levying  of  taxes,  the  extend- 
ing and  apportioning  of  taxes  on  the  assessment-roll  and  the 
delivery  of  the  tax  roll  to  the  city  treasurer  shall  not  take  effect 
until  January  first,  nineteen  hundred  and  seven,  and  until  such 
time  the  present  provisions  of  said  sections  one  hundred  and 
forty-eight  and  one  hundred  and  forty-nine  shall  remain  in 
force  and  effect. 

Sec.  150.  (As  amended  by  Chapter  327,  Laws  of  1907).  Im- 
mediately upon  the  delivery  of  the  city  roll  and  warrant  to  the 
treasurer  lie  shall  publish  notice  in  the  official  newspapers 
published  in  the  city  that  he  will  attend  at  the  office  of  the 
city  treasurer  with  said  roll  and  warrant  for  thirty  days  after 
the  first  publication  of  said  notice,  from  nine  o ’clock  in  the 
morning  to  three  o’clock  in  the  afternoon,  to  receive  city  taxes, 
and  it  shall  be  his  duty  to  attend  accordingly. 

Sec.  151.  (As  amended  by  Chapter  651,  Laws  of  1906).  All 
city  and  school  taxes  and  assessments  for  local  improvements 
paid  within  thirty  days  after  the  first  publication  of  the  treas- 
urer’s notice  shall  be  payable  without  fee,  percentage  or  inter- 
est thereon.  On  all  city  and  school  taxes  or  assessments  remain- 
ing unpaid  after  the  expiration  of  such  thirty  days,  the  treas- 
urer shall  collect  five  per  centum  additional,  and  on  all  remain- 


75 


ing  unpaid  after  the  expiration  of  sixty  days  an  additional  per- 
centage of  one  per  centum  each  month  until  paid.  Neither  the 
city  treasurer  nor  any  officer  of  the  city  of  Rome  shall  enforce 
the  payment  or  collection  of  city  and  school  taxes  assessed  up- 
on real  estate  in  said  city  by  levy  upon  and  sale  of  personal 
property,  but  payment  and  collection  thereof  shall  be  enforced 
in  the  manner  hereinafter  provided  by  sections  one  hundred 
and  fifty-nine  to  one  hundred  and  sixty- three  inclusive  of  said 
act  as  amended.  The  payment  or  collection  of  city  and  school 
taxes  levied  and  assessed  upon  personal  property  may  be  en- 
forced by  the  city  treasurer  by  the  levy  upon  and  sale  of  the 
personal  property  of  the  person  against  whom  the  tax  is  lev- 
ied which  may  be  found  within  the  city  in  the  same  manner  as 
is  provided  by  the  general  tax  law  for  enforcing  the  payment 
and  collection  of  taxes  on  real  estate  in  towns  by  levy  and  sale 
of  personal  property.  The  provisions*  of  this  act  relative  to  the 
enforcing  the  payment  and  collection  of  all  unpaid  city  and 
school  taxes  in  and  for  the  city  of  Rome  are  hereby  made  ap- 
plicable to  the  payment  and  collection  of  all  unpaid  taxes  for 
the  year  nineteen  hundred  and  five,  and  such  payment  and  col- 
lection shall  be  enforced  as  herein  provided.  The  warrants 
issued  for  the  collection  of  state,  county  and  town  taxes  shall 
be  directed  and  delivered  by  the  supervisors  to  the  city  treas- 
urer, who  shall  collect  the  same  in  the  manner  and  time  pro- 
vided for  collection  of  taxes  and  make  his  returns  to  the  county 
treasurer  in  the  same  time  and  manner  and  to  the  same  effect 
and  all  provisions  of  law  relating  to  the  delivery  of  such  war- 
rants to  town  collectors,  to  the  collection,  enforcement  of  pay- 
ment, sale  and  redemption  of  property  and  returns  of  state, 
county  and  town  taxes  and  to  the  powers  and  duties  of  town  col- 
lectors and  the  giving  of  a bond  or  bonds  as  provided  by  chap- 
ter nine  hundred  and  eight  laws  of  eighteen  hundred  and  nine- 
ty-six, entitled  “An  act  relative  to  taxation,  constituting  chap- 
ter twenty-four  of  the  general  laws”,  and  all  acts  amendatory 
thereof  and  supplemental  thereto,  as  amended,  modified  or  re- 
pealed by  chapter  five  hundred  and  fifty-nine  laws  of  nineteen 
hundred  and  two,  entitled  “An  act  relative  to  the  enforcement 
and  collection  of  taxes  in  the  county  of  Oneida”,  shall  apply 
so  far  as  applicable,  except  as  herein  otherwise  provided  or 


76 


inconsistent  with  this  act.  The  said  treasurer  shall  collect  as 
fees  the  same  amounts  and  in  the  same  manner  as  hereinbefore 
in  this  section  provided  for  fees  for  collecting  city  taxes  and 
school  taxes.  The  amount  collected  by  him  applicable  to  high- 
way purposes  shall  be  disbursed  under  the  direction  of  the 
board  of  public  works.  The  amounts  applicable  to  the  pay- 
ment of  town  audits  shall  be  applied  by  the  city  treasurer  to 
the  liquidation  of  town  orders.  All  fees  collected  and  received 
by  the  city  treasurer  on  the  collection  of  any  taxes  or  assess- 
ments shall  belong  to  the  city.  The  provisions  of  this  act  rela- 
tive to  enforcing  the  payment  and  collection  of  all  unpaid  state 
and  county  and  town  taxes  levied  by  the  board  of  supervisors 
in  the  year  nineteen  hundred  and  five  is  hereby  made  ap- 
plicable thereto,  and  such  payment  and  collection  shall  be  en- 
forced as  herein  provided. 

Sec  152.  The  treasurer  shall  give  a receipt  for  each  and  all 
payments  of  city,  school,  county  or  state  taxes,  which  receipt 
shall  be  signed  by  him,  and  shall  separately  state  therein  the 
items  of  such  tax. 

Sec.  153.  (As  amended  by  Chapter  651,  Laws  of  1906).  If 
on  the  first  day  of  August  the  amount  of  the  revised  estimates 
of  either  of  the  boards  mentioned  in  section  one  hundred  and 
forty-eight  of  this  act  required  to  be  raised  by  taxation,  shall 
not  have  been  collected  and  deposited,  then  the  amount  of  the 
deficiency  shall  be  drawn  by  the  treasurer  from  the  general 
city  fund  and  deposited  to  the  credit  of  the  fund  or  funds  in 
the  control  of  such  board,  and  the  city  taxes  on  account  of  such 
fund  thereafter  collected,  shall  be  placed  in  and  belong  to  the 
general  city  fund.  The  provisions  of  this  section  as  hereby 
amended  shall  not  take  effect  until  January  first,  nineteen 
hundred  and  seven. 

Sec.  154.  At  the  time  of  the  delivery  to  him  of  any  city  roll 
or  warrant  the  treasurer  shall  deliver  to  the  city  clerk  a re- 
ceipt acknowledging  the  reception  by  him  of  the  duplicate  roll 
and  warrant,  and  shall  then  be  charged  with  the  whole  amount 
which  the  roll  and  warrant  delivered  to  him  authorized  him  to 


77 

collect;  and  whenever  any  payment  for  county  and  state  taxes 
shall  be  made,  as  herein  provided,  by  the  city  treasurer  to  the 
county  treasurer,  the  treasurer  of  the  city  shall  stand  charged 
with  the  same,  and  he  shall  not  be  authorized  to  credit  himself 
with  any  amount  as  unpaid  on  any  warrant  until  he  shall 
make  and  file  with  the  city  clerk  an  affidavit  stating  the 
amount  unpaid  and  setting  forth  the  reason  in  each  case  why 
such  tax  or  assessment  is  or  lias  not  been  collected.  The  com- 
mon council  may  thereupon  order  and  authorize  said  treasurer 
to  credit  himself  with  the  whole  or  any  part  of  said  tax  or  as- 
sessment unpaid  and  the  treasurer  shall  be  credited  only  with 
such  amount  as  the  common  council  shall  so  order.  But  no 
such  settlement  or  any  settlement  had  by  the  common  council, 
or  by  any  city  officer,  as  to  any  tax  or  assessments  shall  be  final 
or  conclusive,  and  no  bond  or  other  security  given  by  any 
treasurer  shall  be  invalidated  by  or  canceled  on  any  such  set- 
tlement, but  shall  remain  in  full  force  and  be  held  for  one 
year  thereafter  by  the  city. 

Sec.  155.  All  city  and  school  taxes  and  assessments  remain- 
ing unpaid  for  sixty  days  after  the  date  of  the  original  war- 
rant for  the  collection  thereof,  may  be  sued  for  by  the  city  and 
recovered  in  an  action  against  any  person  or  corporation  liable 
therefore,  but  a judgment  in  such  action  in  favor  of  the  city 
shall  not  operate  to  release  any  lien  of  such  tax  or  assessment 
until  satisfied. 

Sec.  156.  Every  tax,  assessment  or  other  lien  on  real  estate 
under  this  act,  for  whatever  purpose  imposed  or  charged  upon 
any  real  estate  within  the  city,  shall  be  a lien  upon  such  real 
estate  from  the  time  of  the  adoption  of  the  resolution  imposing 
the  same  until  paid,  and  every  assessment  upon  real  estate  im- 
posed under  this  act  may  when  due  be  collected  in  the  same 
manner  as  herein  provided  for  the  collection  of  taxes. 

Sec.  157.  (As  amended  by  Chapter  468,  Laws  of  1905).  Up- 
on the  return  of  the  warrant  for  the  collection  of  any  tax  or  as- 
sessment imposed  upon  any  real  estate  in  said  city,  the  treas- 
urer shall  make  and  deliver  to  the  assessors  a transcript  of  any 


78 


and  all  such  taxes  which  remain  unpaid,  and  it  shall  be  the  duty 
of  the  assessors  to  make  and  deliver  to  the  treasurer  a state- 
ment containing  a brief  general  description  of  the  location, 
boundary  and  estimated  quantity  of  each  parcel  of  said  lands, 
and  in  case  any  such  lands  shall  have  been  erroneously  as- 
sessed, then  it  shall  be  the  duty  of  such  officers  to  make  and  in- 
clude in  such  statement  a corrected  assessment  at  the  same  val- 
uation as  before,  and  the  assessors  shall  also  have  the  power, 
and  it  shall  be  their  duty  to  insert  in  such  revised  roll  any  real 
estate  in  the  city  which  may  have  been  omitted  in  the  general 
roll  and  assess  the  said  real  estate  in  such  corrected  assess- 
ment roll  at  its  value  at  the  time  the  original  assessment  was 
made,  as  such  value  may  be  determined  by  them,  upon  giving 
two  days’  notice  thereof  to  the  owner  or  agent  of  such  prop- 
erty, they  may  add  to  such  roll,  with  proper  correction,  the 
amount  of  any  unpaid  assessment  for  local  improvements  or 
judgments  recovered  on  account  of  sidewalks  built  in  front  of 
any  such  property  by  the  city  and  not  paid  at  the  time  of  ma- 
king such  corrected  assessment  roll;  the  assessors  shall  com- 
plete such  revision  within  ten  days  after  the  delivery  to  them  of 
such  transcript  as  aforesaid,  and  shall  give  public  notice  that 
the  board  of  review  of  assessments  will  meet  at  the  assessors’ 
office  at  a time  after  the  expiration  of  such  ten  days  to  be 
designated  by  them,  to  hear  objections  and  to  correct  any 
errors  that  may  have  been  made  in  such  corrected  assessment 
roll;  such  notice  shall  be  given  by  publishing  the  same  for  at 
least  five  days  in  the  official  newspapers  of  the  city;  the 
board  of  review,  or  a majority  of  the  members  thereof,  shall  on 
such  days  sit  in  review  of  such  corrected  assessment  and  shall 
subscribe  to  the  assessments  as  corrected  by  them  and  deliver 
the  corrected  rolls  to  the  city  treasurer;  such  corrected  assess- 
ments and  the  amount  of  the  taxes  or  assessments  levied  upon 
said  lands  shall  be  as  valid  and  effectual  for  all  purposes  as 
though  they  had  originally  been  correct. 

Sec.  158.  The  common  council  shall  have  all  the  powers  in 
relation  to  the  correction  or  otherwise  of  the  city  assessment 
rolls  that  the  board  of  supervisors  have  or  may  have  by  statute 
in  the  case  of  town  assessment  rolls  and  town  or  county  taxes, 


79 


and  sucli  powers  shall  be  exercised  in  the  same  manner  as  they 
are  or  may  be  exercised  by  boards  of  supervisors. 

Sec.  159.  (As  amended  by  Chapter  651,  Laws  of  1906). 
Whenever  any  such  city  or  school  tax,  assessment,  penalty  or 
interest,  or  any  part  of  either  of  them,  shall  remain  unpaid  for 
three  months  after  the  issue  of  the  warrant  therefor,  the  treas- 
urer shall  proceed  to  advertise  and  sell  the  lands  upon  which 
the  same  was  imposed  for  the  payment  of  such  tax,  penalty  or 
interest,  or  the  part  remaining  unpaid,  and  the  expense  of  such 
sale,  as  hereafter  prescribed,  shall  also  be  a charge  upon  such 
lands. 


Sec.  160.  (As  amended  by  Chapter  651,  Laws  of  1906).  The 
treasurer  shall  immediately  after  the  expiration  of  said  three 
months,  cause  to  be  published  once  a week  for  six  successive 
weeks  in  the  official  newspapers  published  in  the  city,  a list  or 
statement  of  the  parcels  of  land  charged  with  any  unpaid  tax, 
penalty  or  interest,  describing  each  parcel  according  to  the  de- 
scription required  by  the  last  section,  with  a notice  that  each 
of  the  said  parcels  of  land  will  on  a day  within  ten  days  after 
the  expiration  of  said  six  weeks,  to  be  specified  in  said  notice, 
be  sold  at  public  auction  at  a place  in  the  city  therein  specified, 
to  discharge  the  tax,  penalty  or  interest  and  expenses  aforesaid, 
which  shall  be  due  thereon  at  the  time  of  sale.  The  charge  for 
publishing  said  notice  shall  be  one  dollar  to  each  newspaper 
publishing  the  same  for  each  piece  or  lot  of  land  described  in 
said  notice.  On  the  day  and  at  the  place  stated  in  said  notice, 
the  treasurer  shall  commence  the  sale  of  said  parcels  of  land, 
and  shall  continue  the  sale  from  day  to  day  until  all  shall  be 
disposed  of. 

Sec.  161.  The  purchasers  on  such  sales  shall  pay  the 
amounts  of  their  respective  bids  to  the  treasurer  immediately 
after  each  parcel  shall  be  struck  off.  In  case  a purchaser  shall 
fail  to  pay  the  amount  of  his  bid,  as  herein  prescribed,  the 
treasurer  shall  forthwith  offer  the  parcel  for  sale  again,  and 
proceed  as  though  it  had  not  been  struck  off.  Should  there  be 
no  bid  of  the  amount  due  on  any  lot  or  parcel  of  land  to  be  sold, 


80 


then  the  treasurer  shall  bid  in  the  same  for  the  city,  and  the 
city  is  hereby  authorized  to  acquire  said  parcels,  and  the  com- 
mon council  shall  have  the  care  and  control  of  all  such  parcels 
and  may  lease  or  sell  and  convey  the  same.  As  soon  as  prac- 
ticable after  the  sale,  the  treasurer  shall  prepare  and  execute 
in  duplicate  as  to  each  parcel  sold  a certificate  of  such  sale, 
describing  the  parcel  purchased  by  a general  brief  description 
of  the  location,  boundary  and  estimated  quantity  thereof,  and 
stating  the  fact  of  the  sale,  the  name  of  the  purchaser,  the  sum 
paid  therefor,  the  amount  due  thereon  at  the  time  of  the  sale, 
the  name  of  the  person  or  persons  against  whom  such  tax  was 
assessed,  and  the  name  of  the  reputed  owner  thereof.  One  of 
said  duplicates  shall  be  delivered  to  the  purchaser,  or,  in  case 
the  parcel  was  struck  off  to  the  city,  then  it  shall  be  retained 
by  the  treasurer.  The  treasurer  shall  deliver  the  other  dupli- 
cate certificate  to  the  clerk  of  the  county  wherein  the  city  is 
situated,  who  shall  file  said  certificate  in  his  office  and  record 
the  same  in  a hook  to  be  kept  in  the  said  clerk’s  office  for  that 
purpose,  and  shall  index  the  certificate  in  the  name  of  the 
person  to  whom  the  parcel  was  assessed,  the  name  of  the  re- 
puted owner  and  in  the  name  of  the  purchaser,  in  the  same 
hook  and  manner  as  deeds  are  required  by  law  to  be  indexed. 
The  county  clerk  shall  be  entitled  to  receive  a fee  of  fifty  cents 
for  each  certificate  so  filed  and  recorded,  which  fee  shall  be 
paid  by  the  treasurer  and  shall  be  a part  of  the  expenses  of  the 
sale  of  the  parcel. 

Sec.  162.  If  from  any  cause  the  treasurer  shall  be  unable  to 
attend  at  the  time  and  place  of  sale,  the  city  clerk  of  said  city 
may  conduct  the  sale  with  the  same  force  and  effect  as  though 
made  by  the  treasurer. 

Sec.  163.  The  proceeds  of  the  sale  of  each  parcel  other  than 
those  struck  off  to  the  city,  shall  be  applied  to  the  payment  of 
the  expenses  of  the  sale  as  herein  provided,  and  to  the  ex- 
tinguishment of  the  tax,  penalty  or  interest  for  which  it  was 
sold,  and  if  there  shall  be  any  residue,  the  treasurer  shall  hold 
the  same  until  the  owner  of  the  premises  at  the  time  of  such 
sale,  shall  redeem  them  from  the  sale  as  herein  provided,  and 


cSl 


then  the  treasurer  shall  pay  such  owner  the  said  surplus.  In  all 
other  cases  the  treasurer  shall  hold  the  same  until  after  the 
period  of  redemption  shall  have  expired,  and  then  he  shall  pay 
such  surplus,  and  the  person  or  persons  entitled  thereto,  shall 
he  ascertained  in  the  same  manner  and  by  the  same  proceed- 
ings as  in  case  of  surplus  on  statutory  foreclosure  of  a mort- 
gage on  real  estate. 

Sec.  164.  The  owner  of,  or  any  person  interested  in  or  hav- 
ing a lien  upon  any  parcel  or  lot  so  sold,  may  redeem  the  same 
from  such  sale  at  any  time  within  two  years  by  paying  to  the 
treasurer,  for  the  use  of  the  purchaser  or  his  assigns  or,  if  the 
same  shall  have  been  redeemed  by  any  person  other  than  the 
owner  thereof,  then  for  the  use  of  such  person,  the  sum  men- 
tioned in  the  certificate;  with  interest  thereon  at  the  rate  of 
twelve  per  centum  per  annum  from  the  date  of  sale,  together 
with  any  tax,  assessment  or  water  rate  upon  said  parcel,  or  any 
part  thereof,  that  the  said  purchaser  or  assigns  or  persons  be- 
fore redeeming  shall  have  paid  between  the  day  of  sale  and 
day  of  redemption,  with  interest  at  the  rate  of  twelve  per 
centum  per  annum  upon  such  tax,  assessment  or  water  rate 
from  the  time  of  payment. 

Sec.  165.  At  least  three  months  before  the  expiration  of  the 
time  for  the  final  redemption  of  any  parcels  or  lots  so  sold,  the 
treasurer  shall  commence  the  publication  of  a notice  of  re- 
demption from  such  sales,  which  shall  show  the  year  when 
the  sale  took  place  and  the  last  day  for  the  redemption  of  the 
lands  not  already  redeemed  by  the  owners,  without  other  or 
further  description,  and  such  notice  shall  be  published  at 
least  once  a week  for  six  successive  weeks  in  the  official  news- 
papers of  said  city.  The  publication  of  such  notice  shall  bar 
and  preclude  any  and  all  persons  except  the  purchaser  on  such 
sale,  or  his  heirs  or  assigns,  or  the  person  finally  redeeming, 
from  claiming  any  interest  in  or  lien  upon  said  lands,  or  any 
part  thereof,  in  case  the  said  lands  shall  not  be  redeemed  from 
such  sale  as  herein  provided. 

Sec.  166.  If  any  parcel  or  lot  so  sold  shall  not  be  redeemed 


82 


as  herein  provided,  the  treasurer  immediately  after  the  ex- 
piration of  the  said  two  years,  shall  execute  and  deliver  to  the 
purchaser,  his  heirs  or  assigns,  or  to  the  city  or  its  assigns,  or 
to  the  person  finally  redeeming,  as  the  case  may  be,  a convey- 
ance of  the  real  estate  so  sold,  which  conveyance  shall  vest  in 
the  grantee,  an  estate  in  fee  subject  only  to  the  liens,  if  any,  of 
unpaid  taxes,  assessments  or  water  rates  thereon.  The  treas- 
urer executing  such  conveyance  shall  be  entitled  to  demand 
and  receive  from  any  grantee  except  the  city  one  dollar  for 
preparing  every  such  conveyance,  but  all  such  purchases  made 
for  the  city  in  any  year  shall  be  included  in  one  conveyance. 

Sec.  167.  Every  such  conveyance  shall  be  executed  by  the 
treasurer,  and  the  execution  thereof,  shall  be  acknowledged 
before  some  officer  authorized  to  take  and  certify  acknowl- 
edgments of  instruments  for  record  in  said  county,  and  such 
conveyance  shall  be  conclusive  evidence  that  the  sale  and  sub- 
sequent proceedings  were  regular  and  presumptive  evidence 
that  all  the  previous  proceedings  were  regular  and  according 
to  law.  Any  such  conveyance  may  be  recorded  in  like  manner 
and  with  like  effect  as  any  other  conveyance  of  real  estate. 

Sec.  168.  The  said  grantor,  or  his  assigns,  or  the  city  or  its 
assigns,  as  the  case  may  be,  shall  be  entitled  to  have  and  pos- 
sess the  granted  lands  from  and  after  the  execution  of  such 
conveyance,  and  may  cause  the  occupants  of  such  lands  to  be 
removed  therefrom  and  the  possession  thereof  delivered  to 
them  in  the  same  manner  and  by  the  same  proceedings  and  by 
and  before  the  same  officers  as  in  the  case  of  a tenant  holding 
over  after  the  expiration  of  his  term  without  permission  of  his 
landlord. 

Sec.  169.  Whenever  any  grantee  under  any  sale  shall  be  un- 
able to  obtain  possession  of  the  lands  conveyed  to  him  by  rea- 
son of  any  error  or  irregularity  in  the  assessment  of  any  per- 
son or  property  or  in  the  levying  of  a tax  or  any  proceedings 
for  the  collection  of  any  tax,  the  common  council  shall  re- 
fund to  the  purchaser  the  money  so  paid  with  interest,  the 
same  to  be  audited  and  paid  as  other  city  charges. 


83 


Sec.  170.  After  the  city  shall  have  acquired  the  title  to  any 
land  sold  for  taxes,  such  lands  shall  be  exempt  while  owned 
by  the  city  from  all  taxes.  Whenever  a sale  of  any  lands  be- 
longing to  the  city  shall  be  made,  the  city  clerk  shall  forthwith 
notify  the  assessors  thereof,  who  shall  certify  to  the  common 
council  the  assessed  valuation  of  said  lands,  with  the  name  of 
the  person  or  persons  to  whom  the  same  are  assessed,  and  the 
said  council  shall  add  the  same  to  the  city  assessment  roll  and 
apportion  and  levy  the  proper  tax  thereon. 

Sec.  171.  Whenever  any  assessment  or  other  lien  upon  real 
estate  under  this  act,  except  taxes,  shall  have  remained  unpaid 
in  whole  or  in  part  for  four  months  from  the  date  when  the 
same  became  a lien,  the  common  council  may  direct  the  treas- 
urer to  sell  the  land  upon  which  such  a lien  exists,  and  the 
treasurer  shall  thereupon  make  and  deliver  to  the  assessors  a 
statement  thereof,  and  the  assessors  shall  make  and  deliver  to 
the  txeasurer  a description  of  such  lands  as  hereinbefore  pro- 
vided, and  he  shall  forthwith  proceed  to  advertise  and  sell  said 
lands  in  the  same  manner  as  in  ease  of  unpaid  taxes,  and  all  the 

provisions  of  this  act  as  to  such  sales  shall  apply  to  sales  under 
this  section. 

Sec.  172.  In  case  of  the  redemption  of  any  lands  sold  for 
taxes,  as  herein  provided,  by  the  person  who  was  the  owner 
t ereof  at  the  time  of  the  sale,  the  treasurer  shall  give  such 
owner  a receipt  for  the  amount  paid  by  him  to  effect  such  re- 
demption, and  on  the  production  thereof  by  such  owner  to  him 
the  county  clerk  shall  cancel  the  certificate  of  sale  by  a proper 
entry  at  the  foot  of  the  record  of  such  certificate  in  his  office. 

Sec.  173.  Whenever  any  assessment  for  any  local  improve- 
ment shall  have  been  imposed  under  the  provisions  of  this  act 
upon  any  real  estate  in  the  city,  it  shall  be  lawful  at  any  time 
within  the  period  fixed  for  the  payment  of  said  assessment  for 
the  owner  or  owners  of  said  real  estate  upon  which  said  as 
sessment  is  imposed,  to  file  with  the  treasurer  of  such  citv 
written  application  that  the  said  city  shall-  assign  and  transfer 
to  such  person,  persons  or  corporation  as  said  owner  or  owners 


84 


may  in  said  application  name,  the  assessment  in  question  and 
the  right  of  the  city  to  recover  of  such  owner  or  owners  and 
from  said  real  estate,  the  amount  of  said  assessment  and  inter- 
est thereon,  in  which  application  such  owner  or  owners  shall 
expressly  waive  all  defense  to  such  assessment,  which  waiver 
shall  be  conclusive  against  such  real  estate.  Upon  the  filing 
of  such  application  and  the  payment  to  the  city  of  the  full 
amount  of  such  assessment  with  interest  thereon  due,  the  city 
shall  by  its  treasurer  execute  and  deliver  to  said  person,  per- 
sons or  corporation  named  by  said  owner  or  owners  a proper 
instrument  in  writing,  selling,  assigning  and  transferring  to 
such  person,  persons  or  corporation  the  assessment  imposed 
upon  the  real  estate  in  said  application  described,  and  all  the 
right  of  such  city  to  recover  from  said  owner  or  owners  or  from 
or  out  of  the  said  real  estate  the  amount  of  said  assessment  and 
any  interest  thereon;  and  further  transferring  and  assigning 
to  said  assignee  or  assignees  the  lien  of  such  city  upon  such  real 
estate  by  reason  of  said  assessment.  The  amount  of  such  as- 
sessment shall,  from  the  date  of  said  transfer,  bear  interest  at 
such  lawful  rate  and  be  payable  at  such  time  as  may  be  agreed 
upon  between  said  owner  or  owners  and  the  said  assignee  or 
assignees  by  an  agreement  or  by  successive  agreements  en- 
dorsed upon  said  assignment  and  transfer,  or  upon  any  subse- 
quent assignment  thereof.  After  the  execution  of  such  written 
instrument  of  assignment  or  transfer,  the  lien  of  said  assess- 
ment theretofore  existing  in  favor  of  such  city  upon  said  real 
estate  shall  continue  to  exist  in  favor  of  such  assignee  or  as- 
signees or  his  or  their  legal  representatives  or  assigns,  provid- 
ing, however,  that  said  lien  shall  terminate  at  the  end  of  three 
years  after  the  date  when  said  assessment  or  any  installment 
thereof  becomes  due,  unless  an  action  for  the  foreclosure  there- 
of shall  be  sooner  brought  and  a notice  of  the  pendency  of  said 
action  filed  in  the  clerk’s  office  of  the  county  wherein  the  city 
is  situated.  The  holder  of  such  assignment  or  transfer  shall, 
upon  default  in  the  payment  of  the  amount  of  said  assessment 
and  interest  at  the  time  agreed  upon  have  the  right  to  Collect 
the  amount  due  and  enforce  bis  said  lien  by  an  action  for  the  • 
foreclosure  thereof. 


Sec.  174.  There  shall  be  kept  by  the  city  treasurer  in  his 
office  a book  in  which  shall  be  kept  a record  of  all  assessments 
so  assigned,  containing  a transcript  of  the  assessments  from  the 
original  assessment  roll,  the  name  of  the  person  or  persons  who 
as  owner  made  the  application  for  the  assignment,  the  date  of 
the  assignment  and  the  name  of  the  assignee  or  assignees. 
Such  record  shall  be  indexed  in  the  name  of  the  person  or  per- 
sons against  whom  the  assessment  was  made,  and  in  the 
name  of  the  person  making  the  application  for  the  assignment. 
Upon  making  such  assignment,  the  treasurer  shall  mark  upon 
the  original  assessment  roll  opposite  the  assessment  so  as- 
signed a statement  that  such  assessment  has  been  assigned,  the 
name  of  the  assignee  or  assignees,  and  a reference  to  the  record 
thereof,  in  the  aforesaid  book.  A note  of  any  subsequent  as- 
signment, if  any,  by  such  assignee  or  assignees  shall  be  made 
by  the  treasurer  on  the  record  thereof  in  the  said  record  book, 
and  such  assignment  shall  be  filed  with  the  treasurer.  On  the 
filing  with  the  treasurer  of  a satisfaction  piece,  properly  exe- 
cuted by  the  original  assignee  or  assignees  or  by  his  or  their 
legal  representatives  or  assigns  showing  the  payment  of  said 
assessment  and  all  interest  thereon,  he  shall  thereupon  mark 
opposite  said  record  in  said  book  the  words  “satisfied  of 
record.  ’ ’ 

Sec.  175.  (As  amended  by  Chapter  468,  Laws  of  1905, 
Chapter  443,  Laws  of  1912,  and  Chapter  424,  Laws  of 
1917).  Whenever  the  common  council  shall  resolve  by 
the  affirmative  vote  of  two-thirds  of  its  members  that 
an  extraordinary  expenditure  ought,  for  the  benefit  of 
the  city,  to  be  made  for  any  specific  purpose  set  forth  in  the 
resolution,  it  shall  make  an  estimate  of  the  sum  necessary 
therefor  and  for  all  such  purposes,  if  there  be  more  than  one, 
and  publish  such  resolution  and  estimate,  together  with  a notice 
that  at  a time  and  place  therein  specified  election  of  the  tax- 
payers of  the  city  will  be  held  to  decide  whether  the  amount  of 
such  expenditure  shall  be  raised  by  tax  in  the  official  news- 
papers of  the  city  three  times  in  each  week  during  the  two 
weeks  next  preceding  the  date  fixed  for  such  special  election. 
When  the  use  for  which  money  is  to  be  raised  at  a special  elec- 


86 


tion  shall  be  for  the  purpose  of  the  corporation  tax  district  the 
franchise  shall  he  limited  to  the  taxpayers  residing  within  the 
said  corporation  tax  district.  The  common  council  shall  ap- 
point three  inspectors  of  such  election  and  the  mayor  shall  fill 
all  vacancies  occurring  among  them.  All  provisions  of  law  pre- 
scribing the  duties  of  the  inspectors  of  election  and  their  powers 
and  with  reference  to  preserving  order  at  election  and  false 
swearing  and  fraudulent  voting  thereat  shall,  so  far  as  applic- 
able, apply  to  the  special  elections  held  hereunder.  Every  tax- 
payer, male  or  female,  whose  name  shall  appear  upon  the  last 
assessment  roll  of  the  city  before  such  special  election,  and  no 
other  person  shall  be  entitled  to  vote  at  such  election.  The  elec- 
tion shall  be  by  ballot,  and  each  ballot  shall  contain  a brief 
statement  of  each  purpose  for  which  such  expenditure  iis  re- 
quired, and  the  amount  thereof,  and  opposite  each  of  such  state- 
ments the  word  “for”  or  the  word  “against.”  The  inspectors 
shall  at  the  time  and  place  designated  as  aforesaid  sit  without 
intermission  from  eleven  o’clock  in  the  morning  until  nine 
o’clock  in  the  evening,  to  receive  the  ballots  cast  at  such  elec- 
tion, and  shall  deposit  the  same  in  a suitable  ballot  box  to  be 
provided  by  the  city.  If  the  right  to  vote  of  any  person  offer- 
ing to  vote  at  such  special  election  be  challenged  by  any  other 
person  entitled  to  vote  thereat,  an  inspector  of  the  elction  shall 
administer  to  him  the  following  oath:  “You  do  swear  that  you, 
are  a taxpayer  of  the  city  of  Koine  and  that  you  have  not  voted 
at  this  election?”  After  he  shall  take  such  oath  and  if  his 
name  shall  appear  upon  the  assessment  roll  aforesaid  his  vote 
shall  be  received.  The  inspectors  shall  canvass  the  votes  re- 
ceived immediately  after  closing  the  polls,  and  immediately 
make  a certificate,  signed  by  them  or  two  of  them,  stating  the 
whole  number  of  ballots  voted  at  such  election,  the  whole  num- 
ber for  each  special  tax  and  the  whole  number  against  each 
special  tax,  and  deliver  the  same  forthwith  to  the  city  clerk. 
The  city  clerk  shall  deliver  the  same  to  the  common  council  at 
its  next  meeting  and  it  shall  cause  the  result  of  election  thus 
certified  to  be  entered  in  its  minutes,  and  if  the  whole  number 
of  votes  received  at  such  election  for  any  such  special  tax  ex- 
ceeds the  whole  number  of  votes  against  the  same,  the  common 
council  shall  cause  the  sum  or  sums  of  money  thus  voted  to  be 


87 


assessed,  levied  and  raised  with  and  in  addition  to  other  taxes 
in  and  upon  the  next  assessment  roll,  except  that  only  one-lialf 
of  the  sum  of  fifty  thousand  dollars,  voted  at  a special  election 
held  in  said  city  on  January  ninth,  nineteen  hundred  and  twelve, 
to  be  raised  by  taxation  for  the  purpose  of  constructing  and  fur- 
nishing a new  school  building  on  the  Thomas  street  school  site, 
shall  be  assessed,  levied  and  raised  with  and  in  addition  to  other 
taxes  in  and  upon  the  assessment  roll  for  the  year  nineteen  hun- 
dred and  twelve;  but  the  board  of  education  of  said  city  shall 
have  the  power  to  draw  upon  and  use,  during  the  year  nineteen 
hundred  and  twelve,  such  other  or  further  amounts  as  may  be 
necessary  for  the  construction  and  furnishing  of  said  proposed 
new  school  building  from  the  general  school  fund  which  shall' be 
provided  and  raised  for  school  purposes  upon  the  tax  roll  for  the 
year  nineteen  hundred  and  twelve.  Said  board  of  education 
shall  present  to  the  common  council  of  said  city  at  its  first 
meeting  in  January,  nineteen  hundred  and  thirteen,  a detailed 
statement  and  estimate  of  the  amount  necessary  to  complete 
and  furnish  said  new  school  building,  if  the  same  shall  be  built, 
and  also  a detailed  statement  of  any  deficiency  that  there  may 
be  in  the  general  school  fund  of  the  year  nineteen  hundred  and 
twelve,  and  said  common  council  shall  thereupon  immediately 
approve  of  said  estimate  and  statement  and  apportion,  levy  and 
assess  the  same  upon  the  property  both  real  and  personal  within, 
the  corporation  tax  district  of  said  city,  and  shall  immediately 
borrow  upon  the  credit  of  the  city,  a sum  not  exceeding  the 
amount  of  said  estimate  and  statement,  and  the  amount  so  bor- 
rowed shall  be  placed  to  the  credit  of  the  school  fund  to  be  used 
in  paying  for  the  expense  of  the  construction  and  furnishing  of 
said  school  building,  and  reimbursing  the  general  school  fund 
because  of  any  sum  or  sums  used  therefrom  for  that  purpose, 
and  said  sum  so  borrowed  shall  be  levied,  assessed  and  collected 
upon  the  tax  roll  for  the  year  nineteen  hundred  and  thirteen  in 
addition  to  the  taxes  levied  and  assessed  upon  said  roll  for 
other  purposes.  No  more  than  one  such  election  shall  be  held  in 
any  one  year,  except  upon  the  unanimous  vote  of  all  the  mem- 
bers of  the  common  council.  After  such  special  tax  or  taxes 
shall  have  been  authorized  as  herein  provided,  the  common 
council  may  proceed  to  authorize  the  expenditure  of  the  amount 


thereof  for  the  purpose  or  purposes  specified  in  its  published 
statement  aforesaid  and  sanctioned  by  such  election.  The  com- 
mon council  may  at  such  special  election  submit  a proposition 
that  any  part  of  the  amount  to  be  expended  for  such  purpose 
may  be  raised  by  special  taxation  and  the  balance  by  bonds  of 
the  city,  or  that  the  whole  thereof  shall  be  raised  by  bonds  of 
the  city,  instead  of  the  proposition  that  the  whole  of  such  ex- 
penses be  raised  by  special  tax.  The  common  council  may  bor- 
row, if  necessary,  the  amount  so  voted  in  anticipation  of  the 
collection  of  the  said  tax,  and  the  amount  so  raised  or  borrowed 
shall  be  expended  only  for  the  purpose  for  which  the  special 
tax  was  voted,  and  shall  be  repaid  within  one  year  from  the 
proceeds  of  the  tax;  or  in- case  that  it  shall  be  voted  to  bond  the 
city  for  any  part  or  the  whole  of  such  expense,  as  above  pro- 
vided, the  common  council  may  issue  coupon  or  registered  bonds 
of  such  denomination  and  bearing  such  interest,  not  exceeding 
five  per  centum  per  annum,  and  running  for  such  terms  as  it 
may  by  resolution  determine,  such  bonds  to  be  sold  at  not  less 
than  par,  and  said  common  council  may  raise  by  taxation  such 
sum,  in  addition  to  all  other  sums  now  authorized,  sufficient  to 
pay  the  interest  upon  said  bonds,  and  the  principal  thereof 
when  it  shall  become  due. 

Sec.  176.  (As  amended  by  Chapter  168,  Laws  of  1905,  and 
Chapter  703,  Laws  of  1911.)  The  common  council  shall  not 
have  power  to  borrow,  and  is  hereby  expressly  prohibited  from 
borrowing  any  money  on  account  of  the  city  except  as  pro- 
vided in  this  act.  But  in  case  of  the  recovery  of  any  final 
judgment  against  the  city  which  can  not  be  paid  out  of  the 
general  city  fund  after  defraying  the  ordinary  expenses  of  the 
city  payable  from  such  funds  the  common  council  may  borrow 
an  amount  sufficient  to  pay  such  judgment  or  judgments,  or 
so  much  thereof  as  may  be  necessary  and  shall  include  the 
amount  so  borrowed  in  the  tax  levy  for  the  following  year  and 
the  amount  so  borrowed  shall  be  repaid  within  one  year  from 
the  proceeds  of  said  tax.  The  common  council  shall  also  upcn  the 
request  of  the  board  of  public  works  have  power,  and  it  shall 
be  the  duty  of  the  said  common  council  to  borrow  in  anticipa- 
tion of  the  collection  thereof  by  assessment  or  otherwise,  an 


89 


amount  sufficient  to  pay  the  city’s  and  property  owners’  share 
of  the  expense  of  constructing  or  improving  state  or  county 
highway  within  the  corporation  tax  district  under  the  pro- 
visions of  the  highway  law  of  the  state  of  New  York  and  all 
acts  amendatory  thereof  and  supplemental  thereto.  The  board 
of  public  works  shall,  upon  receipt  of  a certificate  from  the 
state  highway  commission  or  other  board  or  officer  having  in 
charge  the  construction  or  improvement  of  such  county  or 
state  highways,  within  the  corporation  tax  district,  certifying 
the  total  amount  to  be  paid  for  by  the  city  by  local  assessment 
or  otherwise,  have  power  and  it  shall  be  the  duty  of  said  board 
of  public  works  to  assess  the  amount  thereof  in  the  same  man- 
ner and  as  provided  by  title  twelve  of  this  act  as  hereby  amend- 
ed, and  all  provisions  of  said  title  in  relation  to  the  collection 
of  such  assessment  or  assessments  and  the  enforcement  there- 
of shall  apply  thereto. 

Sec.  177.  The  common  council,  excepting  as  herein  other- 
wise expressly  provided,  shall  not  create  any  pecuniary  obliga- 
tion whatever  on  the  part  of  the  city  which  shall  not  be  pay- 
able in  the  calendar  fiscal  year,  and  which  can  not  be  dis>- 
charged  from  the  income  of  the  same  year,  excepting  that  a 
contract  may  be  made  for  the  lighting  of  the  public  streets, 
parks  and  places  of  the  city  for  a period  not  exceeding  five 
years,  but  the  total  amount  of  the  expense  of  lighting  the 
streets  and  parks  of  the  city  for  each  year  shall  be  raised  by 
taxation  as  herein  provided.  The  fiscal  year  in  said  city  shall 
commence  on  the  first  day  of  January. 

TITLE  XII. 

LOCAL  IMPROVEMENTS  AND  ASSESSMENTS 
THEREFOR. 

Sec.  178.  (As  amended  by  Chapter  327,  Laws  of  1907, 
Chapter  245,  Laws  of  1908,  and  Chapter  573,  Laws  of 
1915).  Subdivision  1.  Prior  to  the  passage  of  any  ordi- 

nance or  resolution  providing  for  the  paving  or  improv- 
ing of  any  street,  or  portion  of  any  street,  except  side- 
walks, the  board  of  public  works  shall  cause  to  be  published  for 


90 


at  least  three  times  a week  during  two  successive  weeks  a notice 
in  the  official  newspapers  of  the  city,  that  at  a time  and  place 
to  he  therein  specified,  it  will  meet  to  make  a determination  in 
respect  thereto;  such  notice  shall  contain  a brief  description  of 
the  character,  location  and  extent  of  the  proposed  improvement. 
Any  person  interested  shall  he  entitled  to  be  heard  at  such  meet- 
ing; if  before  such  a meeting  a protest  against  the  improvement, 
in  writing,  signed  by  the  owners  of  a majority  of  the  lineal  feet 
frontage  upon  the  street,  section  of  a street,  public  place  or 
square  proposed  to  be  improved,  exclusive  of  any  portion  there- 
of owned  by  the  city,  or  intersections  of  streets  and  acknowl- 
edged as  deeds  of  real  estate  are  required  to  be  acknowledged, 
be  filed  with  said  board,  it  shall  not  decide  in  favor  of  the  pro- 
posed improvement  nor  shall  it  again  consider  the  same  within 
one  year,  but  the  owners  of  a majority  of  the  frontage  of  said 
street,  or  of  a smaller  section  of  the  same,  not  less  than  one 
block  in  length  on  said  street,  may  file  with  the  said  board  a 
petition  therefor,  and  in  that  case  the  said  board  may,  at  any 
time,  decide  in  favor  of  the  improvement  as  therein  requested. 
If  the  board  of  public  works  shall  determine  that  such  improve- 
ment ought  to  be  made,  it  shall  present  to  the  common  council  a 
plan  and  accurate  specification  of  the  proposed  improvement 
with  a written  statement  specifying  the  location,  character  and 
extent  of  such  improvement,  of  what  materials  the  same  is 
to  be  made,  and  estimated  cost  thereof,  specifying  the  partic- 
ulars and  items  of  said  cost,  with  a copy  of  the  resolution  of 
the  board  of  public  works  determining  that  such  improvement 
ought  to  be  made,  and  an  estimated  statement  of  the  amount  of 
such  expense  which  should  be  borne  by  the  city  and  of  the 
amount  which  should  be  borne  by  local  assessment,  and  the 
amount  to  be  paid  by  any  street  surface  railway,  such  state- 
ment to  be  signed  by  the  president  of  the  board  of  public 
works.  The  common  council  shall  thereupon  consider  such  rec- 
ommendation and  either  approve,  or  reject  the  same.  In  case 
the  common  council  approve  such  recommendation,  it  shall  by 
resolution  authorize  the  board  of  public  works  to  make  such 
improvement,  and  the  city  clerk  shall  return  to  the  board  of 
public  works  a copy  of  such  resolution,  certified  by  him,  and 
the  same  shall  be  entered  upon  the  minutes  of  said  board.  The 


91 


board  of  public  works,  subject  to  tlie  approval  of  the  common 
council,  as  aforesaid,  may  in  its  discretion  adopt  plans  and 
specifications  providing  for  different  kinds  of  paving  or  mate- 
rials. If  the  board  of  public  works  shall  decide  that  any  storm 
water  sewer  ought  to  be  built,  it  shall  present  to  the  common 
council  a written  statement  specifying  the  location,  character 
and  extent  of  such  proposed  sewer,  of  what  materials  the  same 
is  to  be  constructed  and  the  estimated  cost  thereof,  specifying 
the  particulars  and  items  of  such  cost,  and  also  an  estimate  of 
the  amount  to  be  paid  by  the  city  and  of  the  amount  to  be  borne 
by  local  assessment,  such  statement  to  be  signed  by  the  presi- 
dent of  the  board  and  accompanied  by  a copy  of  the  resolution 
that  the  same  be  built.  In  case  the  common  council  shall  ap- 
prove such  recommendations,  it  shall  by  resolution  authorize 
the  board  of  public  works  to  build  such  sewer,  and  the  city  clerk 
shall  return  to  the  board  of  public  works  a copy  of  such  resolu- 
tion, certified  by  him,  and  the  same  shall  be  entered  upon  the 
minutes  of  said  board.  The  board  of  public  works  may  borrow 
for  the  purpose  of  paying  for  the  cost  of  street  improvement 
thirty  days  after  the  work  shall  have  been  accepted  by  the  city, 
in  anticipation  of  the  collection  of  assessments  therefor,  an 
amount  sufficient  to  defray  the  cost  of  such  improvement.  All 
sums  of  money  expended  in  the  payment  of  interest  upon  isuch 
sums  as  may  be  borrowed  shall  be  included  in  and  be  appor- 
tioned and  assessed  as  part  of  the  cost  of  such  improvement. 
The  interest  to  be  assessed  as  above  shall  not  be  for  a period  to 
exceed  sixty  days.  If  for  any  reason  the  assessments  are  not 
collected  within  sixty  days  any  further  interest  which  may  be- 
come due  upon  such  loan  shall  then  become  a charge  against  and 
shall  be  paid  out  of  the  paving  fund  of  the  board  of  public 
works.  Nothing  herein  contained  shall  be  deemed  to  supersede 
section  eighty-seven  of  this  act. 

ihib.  2.  (As  amended  by  Chapter  245,  Laws  of  1908, 
and  Chapter  161,  Laws  of  1916).  The  board  of  public 
works  is  hereby  authorized  and  empowered  to  improve  the 
following  highways,  roads  and  streets  within  the  corpora- 
tion tax  district,  viz:  East  Dominick  street  from  corpo- 

ration tax  district  line  to  brick  pavement  at  Rome  Locomotive 


and  Machine  Works;  West  Dominick  street  from  corporation 
tax  district  line  to  Charles  street;  North  James  street  from  cor- 
poration tax  district  line  to  Maple  street;  South  James  street 
from  corporation  tax  district  line  to  the  old  Erie  Canal  bridge, 
by  paving  or  macadamizing  the  same,  and  also  to  repave  or 
resurface  any  street  or  road  that  may  have  been  previously 
paved  within  said  corporation  tax  district,  with  such  material 
or  materials  as  said  board  of  public  works  may  determine,  sub- 
ject to  the  approval  of  the  common  council.  Before  taking 
final  action  thereon  the  board  of  public  works  shall  cause  to  be 
prepared  plans  and  specifications  for  the  improvement  of  said 
highways,  roads  and  streets,  with  an  estimate  of  the  cost  there- 
of, and  present  the  same  to  the  common  council  for  action 
thereon.  If  the  common  council  shall  approve  and  adopt  said 
plans,  specifications  and  estimate,  as  aforesaid,  the  said  board 
of  public  works  may  determine  and  decide  that  said  improve- 
ment ought  to  be  made.  The  expense  and  cost  of  making  such 
improvement,  as  in  this  subdivision  provided,  excepting,  how- 
ever, the  expense  and  cost  of  repaving  or  resurfacing  any  street 
or  road  as  hereinbefore  provided,  which  shall  be  a tax  levied 
and  assessed  upon  the  taxable  property  within  the  corporation 
tax  district  in  said  city,  shall  be  levied  and  assessed  by  the 
board  of  supervisors  of  Oneida  county  upon  the  taxable  prop- 
erty, real  and  personal,  of  the  entire  city,  provided,  however, 
that  the  common  council  shall,  upon  the  recommendation  and 
request  of  the  board  of  public  works,  issue  bonds  to  be  known 
as  highway  bonds,  in  an  amount  sufficient  to  defray  the  expense 
of  the  improvement  of  said  highways,  roads  and  streets  afore- 
said. Said  bonds  shall  be  issued  in  the  name  of  the  city  of 
Borne,  and  be  signed  by  the  mayor  and  city  clerk  under  the  cor- 
porate seal  of  said  city,  and  shall  be  issued  in  such  denomina- 
tions and  be  payable  at  such  time  or  times,  not  exceeding- 
twenty  years  from  the  date  of  issue,  as  the  common  council  may 
determine.  Said  bonds  shall  be  sold  at  not  less  than  the  par 
value  thereof,  and  shall  bear  interest  at  the  lowest  rate  at  which 
the  same  can  be  sold,  not  exceeding  the  legal  rate  of  interest; 
The  board  of  supervisors  of  Oneida  county  shall  annually  cause 
to  be  levied  and  raised  by  taxation,  upon  the  taxable  property, 
real  and  personal,  of  the  entire  city,  such  sum  as  may  be  nec- 


essary  to  pay  the  interest  and  principal  due  or  to  become  due  on 
said  bonds.  The  proceeds  of  the  sale  of  such  bonds  shall  be 
applied  toward  the  payment  of  the  cost  of  the  improvement  of 
the  highways,  roads  and  streets  hereinbefore  mentioned.  None 
of  the  provisions  contained  in  subdivision  one  of  this  section 
shall  apply  to  the  work  and  improvement  mentioned  and  pro- 
vided for  in  this  subdivision. 

Sec.  179.  (As  amended  by  Chapter  468,  Laws  of  1905,  and 
Chapter  327,  Laws  of  1907).  The  plans,  specifications,  de- 
scriptions, quantity  sheets  and  estimates  of  cost  of  the  work 
adopted  by  the  said  board  of  public  works  shall  be  filed  in 
the  office  of  the  city  engineer,  and  a notice  shall  then  be  pub- 
lished in  the  official  newspapers  of  the  city  of  Rome  inviting 
sealed  proposals  to  do  the  work  pursuant  to  the  plans,  speci- 
fications, quantity  sheets  and  descriptions  so  adopted,  which 
notice  shall  be  published  at  least  six  times  in  such  official 
papers.  No  proposal  shall  be  considered  which  shall  not  be 
accompanied  by  a bond  with  sureties  and  in  a penalty,  both 
to  be  approved  by  the  board  of  public  works  or  by  certified 
check  for  an  amount  and  upon  a bank  to  be  approved  by  said 
board,  conditioned  that  if  the  proposals  be  accepted  the  per- 
son proposing  will  enter  into  the  contract  upon  the  terms  pro- 
posed and  will  give  a further  bond  with  sureties  and  in  an 
amount  to  be  approved  by  the  said  board,  conditioned  that 
the  person  proposing  will  construct  the  work  at  the  price  and 
upon  the  terms  proposed,  according  to  the  plans  and  specifi- 
cations and  quantity  sheets  filed  with  the  city  engineer  and 
subject  to  the  supervision  and  approval  of  such  persons  as 
the  board  may  designate  for  that  purpose;  and  that  the  person 
making  the  proposal  will  erect  and  maintain  suitable  guards 
and  lights  to  prevent  injuries  to  such  work,  or  to  persons  or 
property  by  or  in  consequence  of  the  prudent  and  careful  use 
of  such  street,  lane,  alley,  side  or  crosswalk  during  the  progress 
of  such  work,  and  will  save  the  city  harmless  and  indemnify 
it  against  all  loss,  damage  or  other  expense  that  may  arise  by 
or  through  any  neglect  of  such  person  or  those  in  his  employ- 
ment, to  erect  or  maintain  such  guards,  lights  or  either  of 
them.  Said  proposals  shall  be  received  and  opened  at  the 


94 


next  meeting  of  such  board  after  tlie  completion  of  the  pub- 
lication of  said  notice.  And  if  from  any  cause  said  proposals 
are  not  opened  they  shall  be  returned  to  the  bidders,  and  it 
shall  be  lawful  for  the  said  board  to  receive,  open  and  act 
thereon  at  any  meeting  thereafter,  and  if  opened  and  no  action 
is  taken  thereon  at  the  time  designated  action  may  be  taken  at 
any  meeting  thereafter.  The  contract  shall  be  made  with 
the  lowest  bidder  for  the  kind  of  paving  or  material  as  de- 
termined by  the  board  of  public  works  subject  to  the  approval 
of  the  common  council,  unless  said  board  of  public  works  de- 
termines to  reject  all  said  proposals  and  cause  like  notice  to 
be  published  that  other  proposals  will  be  received  in  the  man- 
ner above  specified,  but  no  contract  shall  be  let  for  a sum  in 
excess  of  the  estimated  cost  of  the  work. 

Sec.  180.  ( As  amended  by  Chapter  573,  Laws  of  1915,  Chap- 

ter 161,  Laws  of  1916,  and  Chapter  542,  Laws  of  1918).  In  case 
the  work  shall  be  grading,  leveling  or  paving,  macadamizing  or 
telfordizing  a street,  lane  or  alley  with  or  without  storm  water 
sewers,  the  city  engineer  shall  ascertain  the  aggregate  front 
length  of  lots  upon  both  sides  thereof,  and  the  front  length  of 
each  lot  or  parcel  with  an  accurate  description  thereof,  and  the 
name  of  each  owner  so  far  as  it  can  be  ascertained.  The  board 
of  public  works  shall  then  determine  the  expense  of  the  whole 
work,  including  the  "expense  of  surveying,  advertising  and  pre- 
paring the  assessment  lists,  and  cause  the  average  expense  upon 
each  foot  of  the  parcels  of  land  on  both  sides  of  said  street,  lane 
or  alley,  including  cross  streets,  to  be  ascertained  and  each  and 
every  lot  or  parcel  of  real  estate  to  be  assessed  with  its  portion 
of  the  expense  by  multiplying  its  number  of  feet  front  into  the 
average  expense  per  foot.  The  expense  of  grading,  leveling, 
paving,  repaving,  macadamizing  or  telfordizing  intersections, 
crossings  and  junctions  of  streets  and  alleys,  and  in  front  of 
lands  of  the  city  of  Rome,  and  making  of  crosswalks,  sidewalks, 
drains  or  sewers  therein  or  thereon,  and  the  cost  of  repaving  or 
resurfacing  any  street  or  road  that  shall  have  been  previously 
paved  shall  be  borne  by  that  portion  of  the  city  of  Rome  within 
the  corporation  tax  district,  and  the  amount  thereof  shall  be 
raised  by  a general  tax  as  provided  in  this  act. 


Provided,  however,  that  the  city  of  Rome,  by  its  common 
council,  is  hereby  authorized  and  empowered,  and  it  may,  by 
resolution  duly  adopted,  issue  and  sell  bonds  annually  in  the 
name,  in  behalf  of  and  upon  the  credit  of  said  city  in  an  amount 
not  exceeding  in  the  aggregate  at  par  value  the  city’s  annual 
share,  portion  or  part  of  the  cost  and  expense  of  extending  and 
constructing  street  improvements,  and  the  proceeds  of  such 
bonds  shall  be  applied  by  said  common  council  for  the  objects 
and  purposes  aforesaid,  and  for  no  other  purpose.  Such  bonds 
shall  be  signed  by  the  mayor  and  city  clerk  and  sealed  with  the 
seal  of  said  city.  They  shall  be  issued  for  such  length  of  time, 
not  to  exceed  five  years  from  the  date  of  issue,  and  at  such  rate 
of  interest,  not  to  exceed  four  and  one-lialf  percentum  per  an- 
num, and  upon  such  other  terms  as  said  common  council  shall 
determine,  and  shall  be  sold  for  not  less  than  their  par  value 
and  accrued  interest.  They  may  be  sold  at  public  or  private 
sale,  as  said  common  council  may  determine.  They  shall  be 
numbered  consecutively  from  one  to  the  highest  number  issued, 
and  the  city  clerk  shall  keep  a record  of  each  bond,  the  date, 
amount,  rate  of  interest,  when  and  where  payable,  and  the  pur- 
chaser thereof.  It  shall  be  the  duty  of  said  city  to  cause  to  be 
raised  yearly  by  tax  upon  the  taxable  property  in  said  city,  in 
the  same  manner  as  the  other  general  taxes  are  levied,  a sum 
sufficient  to  pay  the  interest  upon  said  bonds,  when  and  as  the 
same  shall  become  due  and  payable  and  from  time  to  time  in 
like  manner  to  raise  the  money  necessary  to  pay  the  principal 
of  said  bonds  as  they  shall  fall  due. 

In  the  event  that  there  shall  remain  a portion  or  the  whole  of 
a block  on  any  street,  not  exceeding  eight  hundred  feet  in 
length,  which  has  not  been  paved,  macadamized  or  telfordized, 
lying  between  portions  of  said  street  or  intersecting  with 
streets  which  have  been  paved,  macadamized  or  telfordized,  the 
board  of  public  works  shall  have  the  power,  subject  to  the  ap- 
proval of  the  common  council,  to  enter  into  a contract  for  pav- 
ing, macadamizing  or  telfordizing  that  portion  of  said  street  so 
unimproved,*  the  expense  connected  therewith  to  be  determined 
and  assessed  in  the  same  manner  as  is  provided  for  other  pav- 
ing, macadamizing  or  telfordizing  under  this  act.  The  provis- 
ions of  this  section  relating  to  paving  a portion  or  the  whole  of 


a block  on  any  street  not  exceeding  eight  hundred  feet  in  length, 
lying  between  streets  which  have  been  paved,  shall  only  apply 
to  streets  or  alleys  over  fifty  feet  in  width. 

Sec.  181.  Every  street  surface  railroad  corporation  so  long 
as  it  shall  continue  to  use  any  of  its  tracks  in  any  street,  ave- 
nue or  public  place  in  the  city,  shall  pave  or  improve  and  have 
and  keep  in  permanent  repair  that  portion  of  such  street,  ave- 
nue or  public  place  between  its  tracks,  the  rails  of  its  tracks 
and  two  feet  in  width  outside  of  its  tracks,  under  the  super- 
vision of  the  board  of  public  works  whenever  required  by  them 
to  do  so  and  in  such  manner  as  they  may  prescribe.  In  case 
of  the  neglect  of  any  such  corporation  to  make  pavements  or 
repairs  after  the  expiration  of  thirty  days’  notice  so  to  do,  the 
board  of  public  works  may  make  the  same  at  the  expense  of 
such  corporation.  Nothing  in  this  section  and  nothing  con- 
tained in  this  act  shall  repeal  or  in  any  manner  affect  the 
validity  of  chapter  five  hundred  and  eighty-nine  of  the  laws  of 
eighteen  hundred  and  ninety-nine,  or  the  agreement  therein 
mentioned. 

Sec.  182.  In  case  the  work  shall  be  construction  of  a storm 
water  sewer  or  drain  separate  from  paving,  macadamizing  or 
like  street  improvement,  the  expense  of  such  sewers,  including 
surveying,  advertising  and  preparing  assessments,  shall  be  as- 
sessed upon  the  real  property  deemed  benefited  thereby  as 
near  as  may  be  in  proportion  to  the  amount  of  its  benefits. 
In  case  the  sewers  shall  be  constructed  at  the  same  time  with 
the  paving,  macadamizing,  telfordizing  or  like  improvement 
of  streets,  the  expense  thereof  may  be  regarded  as  a part  of 
such  pavement  or  improvement  and  included  in  the  assessment 
therefor,  and  for  which  bonds  may  be  issued.  If  the  storm 
water  sewer  or  drain  is  the  continuation  or  extension  of  one 
previously  existing  in  making  the  assessment  such  sums  as 
have  been  previously  assessed  upon  the  real  estate  benefited 
shall  be  taken  into  consideration  in  order  so  far  as  practicable, 
to  render  the  assessment  equal  upon  each  lot  or  parcel,  consid- 
ering the  whole  drain  or  sewer  as  continued  or  extended. 

Sec.  183.  The  common  council  is  hereby  authorized  and  em- 


97 


powered  at  any  time  upon  any  paved  or  unpaved  street,  or  up- 
on any  street  where  improvement  is  contemplated,  to  compel 
the  residents  of  any  such  streets  and  the  property  owners 
whose  lots  front  or  abut  thereon,  to  lay  house  connecting 
drains,  gas  and  water  pipes  in  the  manner  they  shall  provide, 
from  the  line  of  curbing  in  front  of  their  property  on  any  street 
to  the  sewer,  gas  and  water  mains  or  pipes  or  either  connecting 
them  therewith,  and  said  common  council  may  pass  ordinances 
therefor.  Whenever  the  residents  or  owners  of  said  property 
fail  to  comply  with  the  regulations  or  ordinances  of  the  com- 
mon council  passed  pursuant  to  the  authority  hereby  conferred, 
the  same  may  be  done  by  the  board  of  public  works  at  the  ex- 
pense of  such  owners.  Such  expense  shall  be  assessed  upon 
the  real  property  so  connected  and  added  as  a separate  item 
to  the  assessment  for  local  improvement  and  collected  by  dis- 
tress and  sale  as  hereinafter  provided. 

Sec.  184.  (As  amended  by  Chapter  327,  Laws  of  1907).  In 
case  the  work  shall  be  the  construction  or  improvement  of  a 
sidewalk,  each  lot  or  parcel  of  land  fronting  thereon  shall  be 
assessed  with  the  expense  of  its  construction  in  front  thereof 
in  the  proportion  of  its  frontage  to  the  whole  frontage.  It 
shall  be  in  all  cases  the  duty  of  the  owner  of  any  lot  or  piece 
of  land  within  the  corporation  tax  district  to  keep  the  side- 
walk adjoining  his  lot  or  piece  of  land  in  good  repair,  and  also 
the  duty  of  any  such  owner  or  occupant  to  remove  or  clean 
away  snow,  ice  or  other  obstruction  from  such  sidewalk,  and 
to  keep  half  the  street  or  alley  adjoining  the  same  free  from 
obstruction  or  obstacles.  The  board  of  public  works  shall 
have  power  to  repair  any  sidewalk  when  the  owner  of  the 
property  shall  neglect  to  repair  the  same  for  five  days  after 
written  notice  to  do  so  has  been  served  on  him  personally  or 
left  at  his  residence,  if  his  residence  be  known  or  can  be 
ascertained  or  otherwise  on  being  left  with  some  occupant 
of  the  residence.  Where  a part  or  portion  of  a sidewalk  on 
either  side  of  any  street  in  a block  between  streets  less 
than  a majority  in  front  footage*  of  said  block  is  not 


*So  in  original. 


98 


flagged  or  improved,  the  owner  of  the  property  fronting  on 
such  sidewalk  shall  cause  the  same  to  be  flagged  or  improved 
within  thirty  days  after  service  of  notice  by  the  board  of  pub- 
lic works  to  build  or  improve  such  walk.  The  service  of  such 
notice  may  be  made  personally,  and,  if  the  owner  can  not  be 
found,  by  leaving  such  notice  with  the  occupant  or  a person  of 
suitable  age  residing  thereon.  If  such  owner  fails  to  do  the 
work  within  the  period  of  time  above  provided,  the  board  of 
public  works  may  cause  the  work  to  be  done,  and  the  expense 
thereof  shall  be  assessed  and  collected  as  in  this  section  pro- 
vided. The  city  engineer  shall  also  have  power  to  clean  snow, 
ice  or  other  obstruction  from  any  sidewalk  where  the  same  shall 
‘have  remained  for  twenty-four  hours,  and  the  expense  of  ma- 
king such  repairs  or  cleaning  any  sidewalk  or  street  shall  be  a 
charge  upon  the  property  adjacent  thereto,  and  no  ordinance 
for  the  same  need  be  passed  or  notice  published  or  posted. 
Thereupon  the  board  of  public  works  shall  send  to  the  owner  of 
said  premises,  if  his  address  be  known  or  can  be  ascertained  by 
reasonable  diligence,  an  itemized  statement  of  the  expense  of 
such  repairs  or  cleaning,  and  if  such  expense  is  not  paid  to  the 
city  treasurer  within  thirty  days,  the  amount  thereof,  with  in- 
terest at  five  per  centum  from  the  time  of  sending  such  item- 
ized statement,  shall  be  added  to  the  amount  assessed  against 
such  land  for  the  next  general  city  tax,  and  the  whole  amount 
of  such  assessment  shall  be  collected  in  the  same  manner  as 
general  city  taxes. 

Sec.  185.  (As  amended  by  Chapter  327,  Laws  of  1907). 
When  work  of  any  local  improvement  has  been  completed,  the 
board  of  public  works  shall  direct  the  cost  and  expense  thereof 
to  be  assessed  by  the  city  engineer,  and  it  shall  be  the  duty  of 
the  city  engineer  to  immediately  assess  the  cost  and  expense, 
including  surveying,  advertising,  inspection  and  assessment  of 
such  local  improvement,  upon  the  property  lying  within  the  dis- 
trict of  assessment  as  heretofore  provided,  separately,  assess- 
ing and  stating  the  amount  assessed  for  paving,  sewer  or  side- 
walk respectively,  and  also  stating  the  amount  to  be  paid  by  the 
city  by  a general  tax  separately,  stating  the  amount  for  pa- 
ving, sewer,  sidewalks  or  crosswalks.  When  the  city  engineer 


99 


owns  or  is  interested  in  any  local  improvement  or  is  related  to 
any  person  owning  or  interested  in  such  real  property  by  con- 
sanguinity or  affinity  within  the  sixth  degree,  to  be  determined 
in  the  same  manner  as  in  the  case  of  a judge,  the  board  of  pub- 
lic works  shall  appoint  some  suitable  person  to  make  such  as- 
sessment in  his  stead.  He  shall  make  an  assessment  roll  and 
set  the  amount  of  the  tax  assessed  for  each  of  said  improve- 
ments opposite  the  name  of  the  person,  corporation,  associa- 
tion and  property  assessed,  which  property  shall  be  briefly  de- 
scribed by  number  of  lot  or  otherwise  so  that  it  may  be  located 
and  identified.  When  completed  said  assessment  roll  shall  be 
deposited  in  the  office  of  the  city  engineer  and  the  city  engineer 
shall  give  public  notice  in  the  official  papers  for  one  week  of 
the  completion  thereof,  and  send  written  notice  by  mail  to  each 
person  so  assessed,  addressed  to  his  last  known  residence,  that 
such  assessment  roll  has  been  prepared  and  will  remain  at  said 
office  for  ten  days  from  the  date  of  said  notice,  during  which 
time  any  person  interested  may  examine  such  roll.  On  the  day 
and  hour  specified  in  said  notice  the  said  board  of  public 
works  shall  hear  and  consider  any  objection  to  said  assessment 
and  shall  decide  upon  the  same  and  shall  if  need  be  alter  and 
correct  said  assessment  roll,  and  when  completed  sign  the  same 
and  file  it  with  the  clerk. 

Sec.  186.  Within  ten  days  after  the  assessment  roll  is 
completed,  signed  and  filed,  any  party  thinking  himself 
aggrieved  may  file  with  the  city  clerk  a written  appeal  there- 
from briefly  stating  the  grounds  of  such  appeal.  The  board 
of  public  works  shall  thereupon  proceed  to  hear  and  determine 
such  appeal  or  appeals  upon  view  of  the  property  assessed 
or  upon  evidence,  or  both,  and  affirm  or  reverse  the  assess- 
ment, and  for  such  purpose  may  by  subpoena  compel  the  at- 
tendance of  witnesses  and  production  of  papers.  In  case  of 
affirmance  the  proceedings  thereafter  to  collect  the  said  as- 
sessment shall  remain  the  same  as  if  no  appeal  had  been  taken; 
in  case  of  reversal  the  board  of  public  works  shall  appoint 
three  disinterested  freeholders  of  the  city  who  shall  proceed 
in  like  manner  and  for  such  purpose  be  invested  with  the 
same  power  as  the  city  engineer,  to  make  a new  assessment; 


100 


they  shall  make  their  tax  roll  in  the  same  manner  and  sign  the 
same  and  file  it  with  the  city  clerk,  and  it  shall  be  conclusive 
upon  all  parties;  such  freeholders  shall  receive  four  dollars 
per  day  for  their  services,  to  be  paid  by  the  city  unless  the 
assessment  of  the  appellants,  as  determined  by  said  freehold- 
ers shall  be  no  more  favorable  to  them  than  the  assessment 
appealed  from,  in  which  case  the  fees  of  such  freeholders  shall 
be  paid  by  the  appellants  and  added  to  the  amount  of  their  tax 
respectively  by  said  freeholders  in  proportion  to  the  amount 
thereof. 

Sec.  187.  If  no  appeal  is  taken  from  the  first  assessment 
roll  filed  with  the  city  clerk,  or  if  an  appeal  be  taken  therefrom 
and  such  assessment  be  affirmed,  the  board  of  public  works 
shall  cause  the  proper  warrant  to  be  attached  thereto  and  to 
be  delivered  to  the  city  clerk.  If  an  appeal  be  taken  from 
such  first  assessment  and  the  same  be  reversed  the  board  of 
public  works  shall  cause  the  proper  warrant  to  be  attached 
to  the  second  assessment  roll  filed  by  such  freeholders  and  to 
be  delivered  to  the  city  treasurer,  thereupon  the  city  treasurer 
shall  receive  the  taxes  for  said  local  improvements  for  thirty 
days  without  fees. 

Sec.  188.  (As  amended  by  Chapter  468,  Laws  of  1905).  In 
case  the  work  shall  be  the  paving,  macadamizing,  telfordizing 
or  improvement  of  a street,  upon  the  making  and  delivery  to  the 
city  clerk  of  the  assessment  roll  as  provided  in  this  act,  and  giv- 
ing notice  by  publication  thereof  in  the  official  papers  that  the 
city  treasurer  will  receive  said  assessments  or  taxes  for  the 
thirty  days  from  the  date  of  the  first  notice,  the  said  city  treas- 
urer shall  receive  said  assessments  without  fees.  Upon  the  ex- 
piration of  said  period  of  thirty  days,  the  city  treasurer  shall 
certify  to  the  board  of  public  works  the  whole  amount  unpaid 
upon  said  assessments,  and  thereupon  the  board  of  public  works 
shall  certify  to  the  common  council,  which  shall  issue  local  im- 
provement bonds  to  be  known  as  ‘‘paving  bonds”  in  an  amount 
not  exceeding  the  amount  of  said  local  assessment,  which  bonds 
shall  mature  one-fourth  in  one  year,  one-fourth  in  two  years, 
one-fourth  in  three  years  and  one-fourth  in  four  years  from  a 


101 


date  not  more  than  thirty  days  after  the  date  of  the  certificate 
of  the  city  clerk.  Said  bonds  shall  be  executed  by  the  mayor 
and  the  city  clerk  under  the  corporate  seal  of  said  city,  and 
shall  be  sold  at  not  less  than  par  value  thereof,  and  shall  bear 
interest  at  the  lowest  rate  at  which  the  same  can  be  sold,  not 
exceeding*  the  legal  rate  of  interest,  and  which  interest  shall 
be  payable  on  each  series  of  bonds  annually,  and  said  bonds 
shall  briefly  specify  the  improvement  for  which  they  were  is- 
sued. The  proceeds  of  the  sale  of  such  bonds  shall  be  applied 
toward  the  payment  of  cost  of  such  improvement.  In  any  case 
where  the  common  council  shall  issue  such  paving  or  improve- 
ment bonds,  as  authorized  herein,  the  payment  of  such  taxes 
shall  become  due  and  payable  at  the  time  or  times  and'  subject 
to  the  penalties  hereinafter  prescribed;  one-fourth  thereof  each 
year  for  four  consecutive  years,  the  time  of  such  annual  pay- 
ments to  be  computed  from  the  date  of  filing  the  assessment 
rolls  with  the  city  clerk,  with  interest  added  at  the  rate  of  not 
to  exceed  the  rate  of  interest  named  in  said  bonds  per  annum 
to  the  time  of  such  annual  payments,  and  such  payments  to  be 
subject  to  the  said  penalties  and  all  provisions  for  the  enforce- 
ment and  collection  of  said  assessments.  In  case  of  any  de- 
fault in  payment  of  any  installment  within  thirty  days  after  the 
same  shall  have  become  due  and  payable  as  above  provided,  the 
whole  amount  of  the  tax  assessed  upon  such  improvement 
against  the  person,  corporation,  association  or  property  so  in 
default,  with  fees  and  interest  computed  upon  such  whole 
amount,  shall  thereupon  become  due  and  payable,  and  the  city 
treasurer  shall  proceed  to  collect  the  same  with  the  fees  and 
interest,  by  sale  of  the  property  as  hereinafter  provided.  No 
action  or  proceeding  to  set  aside,  cancel  or  annual  any  assess- 
ment made  under  the  provisions  of  this  title,  shall  be  main- 
tained by  any  person  unless  such  action  or  proceeding  shall 
have  been  commenced  within  thirty  days  after  the  delivery  to 
the  city  clerk  of  the  city  of  Rome  of  the  assessment  rolls,  and 
unless  within  said  thirty  days  an  injunction  shall  have  been 
procured  by  such  person  from  a court  of  competent  jurisdiction, 
restraining  the  common  council  from  issuing  the  paving  bonds 
hereinbefore  provided  to  be  issued  for  such  assessment.  The 
moneys  received  by  the  city  treasurer  from  the  sale  of  bonds 


102 


or  collection  of  assessments  shall  be  used  for  no  other  purpose 
than  the  local  improvement  for  which  the  same  was  assessed. 

Sec.  189.  Upon  receiving  said  assessment  rolls  with  the 
warrant  or  authority  to  collect  assessments  other  than  those 
provided  for  in  section  one  hundred  and  eighty-eight,  the 
city  treasurer  shall  give  notice  in  the  official  papers  of  the  city 
of  the  receipt  by  him  of  such  assessment  rolls  and  warrants  and 
that  all  persons  named  therein  are  required  to  pay  their  taxes 
at  his  office  on  or  before  the  expiration  of  thirty  days  from  the 
date  of  said  first  publication.  During  said  thirty  days  every 
person,  company,  corporation  or  association  may  pay  his,  her 
or  their  taxes,  assessments  and  installments  to  said  city  treas- 
urer without  fees. 

Sec.  190.  Tn  case  any  of  said  taxes,  assessments  or  install- 
ments remain  unpaid  after  the  foregoing  proceedings  shall 
have  been  taken,  the  city  treasurer  shall  proceed  to  advertise 
and  sell  the  real  estate  assessed  in  the  manner  hereinafter 
provided  for  the  collection  of  such  taxes,  and  fees  at  five  per 
centum  and  interest  at  ten  per  centum  and  the  expense  of  ad- 
vertising and  selling  the  same  shall  be  added  to  and  made  a 
part  of  such  taxes.  The  said  city  treasurer  shall  cause  to  be 
published  at  least  once  a week  for  three  weeks  in  the  official 
papers  of  the  city,  a list  or  statement  of  the  real  estate,  charged 
with  the  payment  of  such  taxes,  interest  and  fees,  so  liable  to 
be  sold,  and  also  a notice  that  the  said  real  estate  will  on  a day 
at  the  expiration  of  said  three  weeks  to  be  specified  in  said 
notice  and  the  succeeding  days,  he  sold  at  public  auction  at  a 
place  to  be  designated  in  said  notice,  in  the  city  of  Rome,  to  pay 
the  taxes,  assessments,  expenses,  fees  and  interest  thereon, 
which  may  remain  unpaid  at  the  time  of  such  sale.  On  the 
day  named  in  said  notice  the  city  treasurer  shall  commence  the 
sale  of  real  estate  and  shall  continue  such  sale  from  day  to  day 
until  the  whole  thereof  shall  be  sold. 

' Sec.  191.  The  purchasers  at  such  sale  shall  pay  the  amount 
df  their  respective  bids  to  the  said  city  treasurer  within  forty- 
ei&ht  hours  after  the  sale,  and  thereupon  the  said  city  treas- 


103 

urer  shall  execute  to  each  purchaser  a certificate  in  writing, 
which  shall  contain  the  description  of  the  real  estate  pur- 
chased, the  amount  paid  therefor,  the  date  of  the  sale  an  l that 
the  same  was  sold  for  unpaid  taxes  and  assessments.  Such 
purchaser,  or  his  legal  representatives  or  assigns,  may  by  vir- 
tue thereof  and  of  this  act,  lawfully  possess,  hold  or  enjoy  for 
his  and  their  own  proper  use  and  benefit  the  real  estate  de- 
scribed in  said  certificate,  unless  the  san  e shall  be  redeemed 
as  hereinafter  provided;  and  he  or  his  aligns  or  heirs,  at  any 
time  after  the  time  limited  in  the  next  section  of  this  title  for 
the  redemption  of  said  premises  shall  have  expired,  and  the 
notice  therein  provided  for  has  been  given,  and  said  premises 
shall  not  have  been  redeemed  as  therein  provided,  may  cause 
the  occupant  of  such  real  estate  to  be  removed  therefrom,  and 
the  possession  thereof,  to  be  delivered  to  him  in  the  same  man- 
ner and  by  the  same  proceedings,  by  and  before  the  same  of- 
ficers, as  in  the  case  of  a tenant  holding  over  after  the  expira- 
tion of  his  term  without  permission  of  his  landlord. 

Sec.  192.  The  owner  of,  or  any  person  interested  in,  any 
real  estate  sold  for  taxes  or  assessments,  as  aforesaid,  may  re- 
deem the  same  at  any  time  within  one  year  after  the  date  of 
such  sale,  by  paying  to  the  city  treasurer  for  the  use  of  the  pur- 
chaser upon  such  sale,  his  heirs  or  assigns,  the  sum  mentioned 
in  the  certificate  given  him,  and  the  interest  thereon  at  the 
rate  of  twelve  per  centum  per  annum  to  be  calculated  from  the 
date  of  such  certificate.  Notice  shall  be  given  by  the  pur- 
chaser of  any  real  estate  sold  under  the  provisions  of  this  title, 
or  his  representatives  or  assigns,  to  all  persons  interested,  at 
least  three  months  before  the  expiration  of  the  time  of  redemp- 
tion fixed  by  this  act,  and  the  time  for  such  redemption  shall 
not  be  deemed  to  have  expired  until  such  notice  shall  have  been 
given;  such  notice  shall  state  the  lot  or  parcel  of  land  to  be  re- 
deemed and  the  amount  required  to  be  paid  upon  such  redemp- 
tion, the  last  day  of  redemption  of  any  such  real  estate  and  the 
office  or  place  where  the  money  for  such  redemption  can  be 
paid  in  the  city  of  Rome.  Such  notice  shall  be  published  at 
least  once  a week  for  three  months  prior  to  the  day  named 
therein  for  redemption  in  the  official  papers.  The  expense  of 


publishing  such  notice  shall  be  added  to  and  become  a part  of 
the  amount  required  to  be  paid  for  the  redemption  of  such  real 
estate.  Publication  thereof  shall  not  be  commenced  within 
eight  months  after  the  date  of  the  certificate;  the  publication 
of  said  notice  for  three  months  as  above  provided  shall  be 
sufficient  and  binding  upon  all  persons  interested  in  said  prop- 
erty. 

Sec.  193.  If  such  real  estate  or  any  part  thereof,  be  not  re- 
deemed as  herein  provided,  the  said  city  treasurer  shall  execute 
to  the  said  purchaser,  his  heirs  or  assigns,  a conveyance  of  the 
real  estate  so  sold,  which  conveyance  shall  vest  in  the  grantee 
an  absolute  estate  in  fee  free  from  all  liens  and  encumbrances, 
except  taxes  or  assessments,  assessed  upon  said  real  estate  since 
the  assessment  upon  which  the  same  was  sold.  Every  such 
conveyance  shall  be  executed  by  said  city  treasurer  under  his 
hand  and  the  seal  of  the  said  city  and  shall  be  acknowledged, 
and  such  conveyance  shall  be  conclusive  evidence  that  the  sale 
was  regular  and  also  presumptive  evidence  that  all  the  pre- 
vious proceedings  were  regular  according  to  law  and  the  provis- 
ions of  this  act.  Every  certificate  or  conveyance  executed  in 
pursuance  of  this  act  may  be  recorded  in  the  same  manner  and 
with  like  effect  as  a deed. 

Sec.  194.  Whenever  any  purchaser  under  such  sale,  or  his 
heirs  or  assigns,  shall  be  unable  to  recover  or  retain  posses- 
sion of  any  real  estate  sold  to  him  by  reason  of  any  irregular- 
ity or  error  in  the  assessment  of  any  property  or  the  levying  of 
any  taxes  thereon,  or  of  any  proceedings  for  the  collection  of 
such  assessment,  the  common  council  of  said  city  shall  reim- 
burse the  purchase  money  so  paid  with  interest  at  five  per 
centum  per  annum  from  the  time  of  its  payment;  the  amount 
thereof  to  be  presented  and  audited  as  other  city  charges  and 
paid  bv  the  city  treasurer  out  of  the  local  assessments  fund  into 
which  such  purchase  price  was  paid,  and  the  amount  thereof 
shall  be  reassessed. 


Sec.  195.  Whenever  any  surplus  shall  arise  upon  the  sale  of 


105 


lands  for  assessments  under  the  provisions  of  this  title,  the 
same  shall  remain  in  the  custody  of  the  city  treasurer,  who 
shall  keep  a record  thereof.  The  owner  of  equity  of  redemp- 
tion, or  any  other  person  interested  in  such  surplus,  may  apply 
to  any  court  of  competent  jurisdiction  for  an  order  distribut- 
ing the  same  in  the  way  and  manner  as  in  proceedings  for  the 
distribution  of  surplus  money  in  foreclosure  actions.  Any  per- 
son making  such  application  or  in  any  way  sharing  in  the  dis- 
tribution of  such  money  shall  be  deemed  to  have  waived  all  his 
rights  for  the  recovery  of  the  value  or  possession  of  such  lands 
or  any  part  thereof. 

Sec.  196.  Every  tax  or  assessment  imposed  for  locally 
provement,  or  other  object,  in  pursuance  of  this  title,  shall  be 
and  remain  a lien  upon  the  land  upon  which  it  is  assessed  from 
the  filing  of  such  assessment  roll  in  the  office  of  the  city  clerk 
until  the  same  has  been  paid.  No  error  or  mistake  in  the  name 
of  any  owner  or  occupant  of  any  lot  or  parcel  of  land  assessed 
for  a local  improvement,  or  the  fact  that  the  person  named  as 
owner  or  occupant  is  not  the  owner  or  occupant  of  such  lot  or 
parcel,  or  that  a clerical  or  immaterial  error  has  been  made, 
shall  invalidate  said  assessment  roll  or  the  assessments  therein, 
or  any  bonds  issued  in  pursuance  thereof.  In  case  of  *any  tax 
or  assessment  shall  be  void  or  shall  have  failed  for  want  of 
jurisdiction,  or  for  any  irregularity  in  the  levy  or  assessment 
thereof  under  this  title,  the  common  council  shall  have  power 
and  it  shall  be  its  duty  to  cause  the  same  to  be  reassessed  in  a 
proper  manner;  if  any  person  shall  have  paid  on  a former  as- 
sessment the  same  shall  be  credited,  or  in  case  the  payment  ex- 
ceeds the  amount  reassessed  the  surplus  shall  be  refunded.  In 
case  the  amount  assessed  in  any  local  improvement  shall  not 
be  sufficient  to  defray  the  expenses  of  such  improvement,  the 
common  council  shall  cause  the  amount  of  the  deficiency  to  be 
assessed  as  hereinbefore  provided. 

Sec.  197.  (As  amended  by  Chapter  651,  Laws  of  1906).  The 
board  of  public  works,  as  soon  as  practicable  after  the  first 


*So  in  original. 


106 


Tuesday  in  March  in  each  year,  may  in  its  discretion  advertise 
in  the  official  papers  for  proposals  to  clean  the  streets  of  the 
city  and  also  street  crossings,  intersections,  junctions,  cross- 
walks and  sidewalks  in  front  of  lands  of  the  city  of  Rome,  and 
walks  in  the  public  parks,  and  for  keeping  the  parks  in  order 
and  removing  snow  and  ice  from  said  walks,  also  for  proposals 
to  remove  ashes,  garbage,  sweepings  or  rubbish  deposited  in 
piles,  boxes  or  barrels,  as  required  by  ordinance,  by  the  owners 
or  occupants  of  any  premises  in  said  corporation  tax  district. 
Detailed  specifications  of  the  said  work  shall  be  prepared  by 
the  city  engineer  with  estimate  of  the  expense  thereof.  The 
board  of  public  works  shall  determine  the  manner  of  doing  such 
work  and  Whether  same  shall  be  done  by  one  contract  for  the 
whole  work  or  different  contracts  and  specifications  for  differ- 
ent parts  of  such  work.  If  the  work,  as  in  this  section  provided, 
is  not  done  by  contract,  then  such  work  shall  be  done  by  and  be 
under  the  direction,  supervision  and  control  of  the  board  of 
public  works.  The  notice,  proposals,  certified  check  and  bonds 
therefor,  shall  be  in  accordance  with  the  provisions  of  section 
one  hundred  and  seventy-nine  of  this  act,  so  far  ais  the  same 
may  be  applicable.  The  board  of  public  works  may  direct  any 
temporary  repairs  to,  or  defects  remedied  in  the  streets,  pave- 
ments, cross  and  sidewalks,  bridges,  parks  and  parkwalks  so 
that  the  same  shall  be  passable  and  safe.  Such  repairs  may  be 
made  by  contract  or  otherwise  under  the  direction  of  the  city 
engineer  as  superintendent  of  streets  as  the  board  of  public 
works  shall  determine,  and  the  expense  thereof,  and  of  the 
work  specified  in  this  section  shall  be  paid  out  of  the  street  re- 
pair fund. 

Sec.  198.  (As  amended  by  Chapter  468,  Laws  of  1905).  The 
city  of  Rome  shall  not  be  liable  for  the  damage  or  injury  sus- 
tained by  any  person  in  consequence  of  any  highway,  street, 
sidewalk,  or  crosswalk  in  said  city  being  out  of  repair,  de- 
fective, unsafe,  or  dangerous  or  obstructed  by  snow,  ice  or 
otherwise,  unless  actual  notice  of  the  defective,  unsafe,  danger- 
ous or  obstructed  condition  of  said  highway,  street,  sidewalk, 
or  crosswalk  shall  have  been  given  to  the  mayor  or  the  board  of  * 
public  works,  at  least  forty-eight  hours  previous  to  such  dam- 


107 


age  or  injury.  All  claims  against  the  city  for  damages  or  in- 
juries to  the  person  claimed  to  have  been  caused  or  sustained 
by  defects,  want  of  repair  or  obstructions  from  snow  and  icey 
or  other  causes  in  the  highways,  streets,  sidewalks  or  cross- 
walks of  the  city  or  because  of  negligence  of  the  city  as  to  the 
highways,  streets,  sidewalks  or  crosswalks  of  the  city  shall  be 
presented  to  the  common  council  in  writing,  within  one  month 
after  said  injury  is  received.  Said  writing  shall  describe  the 
time,  place,  cause  and  extent  of  the  injury,  so  far  as  then 
practicable,  verified  by  the  oath  of  the  claimant.  The  omission 
to  present  said  claim  as  aforesaid  within  one  month  shall  be  a 
bar  to  any  claim  or  action  therefor  against  the  city.  No  action 
for  such  damages  or  injuries  shall  be  maintained  unless  com- 
menced within  one  year  after  the  happening  of  same. 

TITLE  XIII. 

THE  BOARD  OF  EDUCATION. 

NOTE:  By  subdivision  5 of  Section  881  of  Chapter  786  of 

the  Laws  of  1917,  amending  the  Education  Law,  Sections  199 
to  208  inclusive  of  this  title  were  expressly  repealed.  Certain 
exceptions  to  such  repeal  will  be  noted,  particularly  those  con- 
tained in  Section  877  of  said  act,  and  for  such  reason  Sections 
199  to  208  inclusive  of  the  charter,  as  existing  prior  to  such  en- 
actment, are  printed  in  full. 

Sec.  199.  The  public  schools  within  the  corporation  tax  dis- 
trict of  the  city,  as  now  or  hereafter  constituted  and  bounded 
including  all  the  territory  and  residents  within  such  tax  dis- 
trict, shall  constitute  one  union  free  school  district  and  be 
known  as  the  union  free  schools  of  the  city  of  Rome,  and  be  un- 
der the  charge  and  control  of  six  commissioners  of  schools,  who 
shall  constitute  the  hoard  of  education  thereof. 

Sec.  200.  The  schools,  territory  and  residents,  outside  said 
corporation  tax  district  shall  continue  to  he  or  become  inde- 
pendent school  districts  to  be  managed  and  controlled  accord- 
ing  to  the  consolidated  school  law  and  amendments,  supple- 


108 


mental  or  substituted  acts  thereto  and  thereof,  in  all  respects 
as  in  towns,  and  shall  be  subject  to  the  jurisdiction  of  and 
have  the  same  relation  to  the  commissioner  of  schools  of  the 
third  district  of  Oneida  county  and  the  superintendent  of  pub- 
lic instruction  as  the  said  law  may  provide  or  require,  and  the 
residents  of  said  district  arrange.  That  portion  of  the  said 
city  lying  outside  of  said  tax  district  and  which  now  is  a part 
of  said  union  free  school  district  shall  henceforth  become  a 
part  of  such  independent  district. 

Sec.  201.  The  title  of  all  school  property,  real  and  personal, 
in  such  tax  district,  shall  be  vested  in  the  city. 

Sec.  202.  All  provisions  of  title  eight  of  the  consolidated 
school  law  and  all  those  of  the  university  law  of  the  state  now 
in  force,  and  as  hereafter  amended  and  the  substitutes  thereof, 
and  the  powers,  duties  and  liabilities  therein,  relating  to  union 
free  school  districts  and  trustees,  shall  apply  to  said  city 
schools  and  board  of  education,  so  far  as  applicable  or  req- 
uisite to  carry  out  the  purposes  hereof,  except  as  herein  other- 
wise provided  or  as  inconsistent  herewith.  Title  five  of  this 
act  not  inconsistent  with,  shall  be  applicable  to  this  title. 

Sec.  203.  The  present  board  of  education  shall  continue,  and 
the  members  thereof,  hold  for  the  respective  terms  as  now 
classified  and  existing  to  which  they  were  elected,  and  until 
their  successors  are  elected  and  duly  qualified,  except  as  here- 
inafter mentioned. 

Sec.  204.  On  the  second  Tuesday  of  October  in  each  year, 
or  if  that  day  shall  pass  without  an  election,  on  such  subse- 
quent day  and  at  such  place  as  the  board  of  education  shall  ap- 
point an  election  of  members  of  the  board  of  education  whose 
terms  will  in  that  year  expire,  shall  be  held  under  the  direction 
of  the  members  of  said  board  designated  by  the  board  and  by 
the  votes  of  electors  of  said  district  in  said  city  having  the 
qualifications  of  voters  for  trustees  of  school  districts.  Two 


*So  in  original. 


109 


poll  clerks  shall  be  appointed  by  said  board  to  register  at  such 
election  the  names  and  residents*  of  the  voters  voting  thereat. 
The  polls  shall  be  kept  open  during  the  hours  which  the  board 
shall  prescribe  and  the  election  to  be  conducted  in  the  same 
manner  as  elections  for  trustees,  and  a certificate  of  the  result 
thereof  shall  be  made  and  signed  by  the  members  of  the  board 
presiding  thereat,  and  filed  in  the  office  of  the  city  clerk.  At 
every  such  election  two  members  of  the  board  of  education  shall 
be  chosen  for  the  term  of  three  years  from  the  second  Tuesday 
of  October,  on  which  the  terms  of  their  predecessors  expire. 
Any  vacancy  existing  in  the  board  at  the  time  of  any  such  elec- 
tion shall  be  filled  thereat  by  an  election  for  the  unexpired 
term.  Any  person  qualified  to  vote  at  such  election  shall  be 
qualified  to  become  a member  of  such  board.  In  case  of  the 
death  or  resignation  of  any  member  of  said  board  the  vacancy 
may  be  filled  by  the  board  until  the  next  regular  school  elec- 
tion and  until  his  successor  shall  qualify.  No  person  shall  vote 
at  any  such  election  of  members  of  the  board  of  education,  un- 
less a resident  within  said  corporation  tax  district. 

Sec.  205.  The  board  of  education  shall  have  power  to 
choose  a superintendent  of  schools,  whose  term  of  office  shall 
be  one  year,  but  who  shall  be  subject  to  removal  by  said  board 
at  any  time  for  cause.  Such  superintendent  shall  be  paid  such 
compensation  and  perform  such  duties  as  the  board  may  pre- 
scribe. 

Sec.  206.  (As  amended  by  Chapter  468,  Laws  of  1905).  De- 
tailed estimates  of  the  amounts  so  required  to  be  raised  shall 
be  furnished  to  the  common  council  and  filed  with  the  city 
clerk  as  in  section  one  hundred  and  forty-eight  of  this  act  pro- 
vided. In  case  the  common  council  shall  ratify  the  estimates 
of  expenditures  so  submitted,  the  amount  of  such  estimates 
shall  constitute  the  sum  to  be  raised  for  the  school  board  by 
taxation  for  the  current  fiscal  year;  the  common  council  may 
modify  any  item  of  the  estimates  for  expenditures  so  submit- 
ted, and  in  such  case  it  shall  be  the,  duty  of  the  city  clerk  to 
forthwith  certify  to  the  president  of  the  board  of  education 
such  modifications;  the  board  of  education  shall  have  power 


110 


by  the  vote  of  two-thirds  of  all  the  members  thereof  at  any 
regular  or  special  meeting  called  for  that  purpose,  to  declare  by 
resolution  that  the  estimated  amounts  first  submitted  to  the 
common  council,  or  a less  sum,  are  necessary  for  the  conduct 
of  the  schools  for  the  current  year;  and  it  shall  be  the  duty  of 
the  city  clerk  to  forthwith  certify  such  resolution  to  the  presi- 
dent of  the  common  council,  in  which  case  it  shall  be  the  duty 
of  the  common  council  to  raise  the  amounts  so  determined  for 
the  purposes  of  the  public  schools.  In  case  the  board  of  edu- 
cation shall  fail  to  adopt  such  original  estimates,  or  a less 
sum,  as  above  provided,  the  amounts  so  modified  by  the  com- 
mon council  shall  constitute  the  amount  to  be  raised  for  school 
purposes  for  the  current  year.  Thereupon  the  same  shall  be 
levied  and  collected  by  the  common  council  in  the  same  man- 
ner as  city  taxes  as  provided  in  this  act.  But  if  such  estimates 
in  any  year  shall  include  five  thousand  dollars  or  more  for  the 
purchase,  erection,  enlargement,  alteration  or  repair  of  any 
grounds  or  buildings  or  either,  or  if  at  any  time  during  the 
year  such  board  of  education  may  deem  it  necessary  .to  expend 
in  addition  to  the  amount  of  such  estimates  any  moneys  for  any 
purpose  or  purposes,  the  board  of  education  may  propose  to 
the  common  council  that  such  amounts,  or  any  part  thereof, 
as  it  may  propose  be  borrowed  upon  the  bonds  of  said  union 
free  school  district  of  the  city,  and  the  questions  of  the  raising 
of  said  amount  so  proposed  to  be  raised  shall  be  submitted  at 
a special  election  to  be  called  therefor  by  the  board  of  educa- 
tion to  the  taxpayers  of  the  city;  the  said  election  to  be  called 
and  conducted  by  said  board  of  education  in  the  manner,  and 
to  follow,  as  far  as  applicable,  the  provisions  of  section  one 
hundred  and  seventy-five  of  this  act  relative  to  special  elec- 
tions for  extraordinary  expenditures,  excepting  that  in  case 
bonds  shall  be  issued  by  board  of  education  they  shall  be  the 
bonds  of  such  union  free  school  district,  of  the  city  of  Rome, 
and  be  signed  by  the  president  of  the  board  of  education  and 
sealed  with  the  seal  of  said  board  for  the  principal  amount 
so  proposed  to  be  borrowed  by  bonds.  Except  as  above  pro- 
vided the  board  of  education  shall  not  have  power  to  expend 
any  money  in  addition  to  the  amount  finally  determined,  as 


Ill 


aforesaid,  by  such  estimates  unless  authorized  so  to  do  by  spe- 
cial election  in  the  manner  herein  provided.  Nothing  in  this 
net  shall  be  deemed  to  restrict  the  power  of  the  board  of  educa- 
tion to  expend  for  lawful  purposes  of  said  schools  the  moneys 
received  by  said  board,  of  the  city,  from  the  state.  All  moneys 
raised  by  taxes  and  received  from  all  other  sources  for  school 
purposes  shall  be  paid  to  the  city  treasurer  and  placed  in  a 
separate  fund  to  be  known  as  a school  fund  and  used  only  for 
such  purposes. 

Sec.  207.  Said  board  of  education  shall  yearly  and  when- 
ever required  so  to  do  by  the  common  council,  make  and  de- 
liver to  the  common  council  a detailed  statement  showing  and 
accounting  for  all  moneys  that  have  been  received  and  ex- 
pended by  or  through  said  board  since  the  date  of  their  last 
preceding  report  thereof  to  the  common  council. 

Sec.  208.  A school  tax  of  the  city  of  Rome  for  school  pur- 
poses within  the  corporation  tax  district  may  be  assessed  by 
the  common  council  and  its  warrant  issued  for  the  collection 
of  same.  The  city  clerk  shall  make  out  the  assessment  roll 
and  apportion  the  tax  and  make  a copy  thereof  for  the  city 
treasurer,  and  all  the  provisions  in  relation  to  the  assessment 
and  collection  of  city  taxes,  and  the  return  of  the  same,  shall 
so  far  as  applicable,  apply  to  the  school  tax. 

TITLE  XIV. 

THE  CITY  COURT. 


Section  209.  A city  court  of  civil  and  criminal  jurisdiction, 
!o  be  denominated  the  “city  court  of  Rome”  is  hereby  created 
and  established  with  the  jurisdiction  and  powers  hereinafter 
conferred.  The  city  judge  shall  be  the  judge  of  the  city  court. 
The  special  city  judge,  in  case  of  the  absence  or  disability  of 
the  city  judge,  shall  be  and  perform  the  duties  of  city  judge 
•during  such  absence  or  disability. 


Sec.  210.  (As  amended  by  Chapter  468,  Laws  of  1905). 


112 


The  court  shall  he  open  for  the  transaction  of  business  each 
day  of  the  year  except  Sundays  and  legal  holidays,  at  not  later 
than  nine  o’clock  in  the  forenoon  and  shall  remain  in  session 
during  seasonable  hours  or  until  the  business  of  the  day  is 
disposed  of;  on  Sundays  and  legal  holidays  the  court  may  be 
open  for  such  purposes  as  are  provided  by  law. 

Sec.  211.  The  common  council  of  the  city  shall  designate 
the  place  of  holding  said  court  and  provide  suitable  rooms, 
light,  fuel,  furniture  and  necessary  blanks,  books  and  station- 
ery for  the  use  of  said  court  and  shall  provide  for  the  payment 
of  all  necessary  expenses  thereof. 

Sec.  212.  (As  amended  by  Chapter  573,  Laws  of  1915,  and 
Chapter  542,  Laws  of  1918).  No  person  shall  be  eligible  to  the 
office  of  city  judge  or  special  city  judge,  unless  he  be  a regularly 
admitted  attorney  of  the  supreme  court  of  the  state  of  New 
York.  The  city  judge  shall  receive  a salary  of  two  thousand 
dollars  per  year  and  shall  appoint  a clerk  who  shall  be  a ste- 
nographer at  a salary  not  exceeding  one  thousand  dollars  per 
year.  The  salary  of  such  clerk  in  office  when  this  section  as 
hereby  amended  takes  effect  shall  be  at  such  rate  for  services 
hereafter  rendered.  The  special  city  judge  shall  act  in  the  ab- 
sence of  the  city  judge  and  perform  all  the  duties  of  the  city 
judge,  and  shall  receive  a salary  of  two  hundred*  dollars  per 
year. 


Sec.  213.  (As  amended  by  Chapter  468,  Laws  of  1905). 
The  clerk  appointed  by  the  city  judge  shall  be  clerk  of  the 
city  court,  and  shall  take  the  oath  of  office  prescribed  by  law. 
It  shall  be  his  duty  to  attend  upon  such  court  during  the  time 
it  is  required  to  be  kept  open  for  business,  to  keep  the  dockets 
and  the  books  of  account  thereof,  to  make  up  the  returns  to 
the  county  court  therefrom,  and  under  the  direction  of  the  city 
judge,  to  perform  such  other  duties  as  are  herein  prescribed, 
lie  shall  have  power  to  take  affidavits  for  use  in  said  court  and 
any  other  court,  to  issue  summons,  precepts  in  summary  pro- 
ceedings, subpoenas  and  executions  on  judgments  duly  docket- 


113 


ed  and  final  orders  in  summary  proceedings  duly  entered,  and 
in  the  absence  of  the  city-  judge  and  acting  city  judge  join 
issues  and  adjourn  cases. 

Sec.  214.  Except  as  limited  by  the  next  section  the  city 
court  shall  have  the  jurisdiction  of  the  following  civil  actions 
and  proceedings,  to  wit: 

1.  An  action  to  recover  damages  upon  or  for  breach  of 
contract,  express  or  implied,  other  than  a promise  to  marry, 
where  the  sum  claimed  does  not  exceed  five  hundred  dollars. 

2.  An  action  to  recover  damages  for  a personal  injury  or  an 
injury  to  property  where  the  sum  claimed  does  not  exceed  five 
hundred  dollars. 

3.  An  action  or  proceeding  to  recover  a fine  or  penalty  not 
exceeding  five  hundred  dollars,  or  to  recover  one  or  more  fines 
or  penalties  for  a violation  of  an  ordinance  of  the  city  of 
Rome,  or  of  the  provisions  of  the  other  titles  of  this  act  where 
the  amount  claimed  does  not  exceed  five  hundred  dollars. 

4.  An  action  upon  a bond  conditioned  for  the  payment  of 
money,  where  the  sum  claimed  to  be  due  does  not  exceed  five 
hundred  dollars;  the  judgment  to  be  rendered  for  the  sum  ac- 
tually due.  When  the  sum  secured  by  the  bond  is  to  be  paid 
in  installments,  an  action  may  be  brought  for  each  installment 
as  it  becomes  due. 

5.  An  action  upon  a surety  bond  taken  in  said  court  or  by 
any  justice  of  the  peace  of  the  county  of  Oneida. 

6.  An  action  upon  a judgment  rendered  in  said  court,  or 
any  court  of  the  state  of  local  jurisdiction  not  being  a court  of 
record. 

7.  An  action  to  recover  one  or  more  chattels,  with  or  with- 
out damages,  for  the  taking,  withholding  or  detention  there- 


114 


of,  where  the  value  of  the  chattel  or  of  all  the  chattels  as  stated 
in  the  affidavit  made  on  the  part  of  the  plaintiff,  does  not  ex- 
ceed the  sum  of  five  hundred  dollars, 

8.  To  render  and  enter  judgment  upon  the  confession  of  a 
defendant  or  defendants  as  prescribed  in  title  six,  chapter 
nineteen  of  the  code  of  civil  procedure,  where  the  amount  con- 
fessed does  not  exceed  the  sum  of  one  thousand  dollars. 

9.  An  action  for  damages  for  fraud  in  the  sale,  purchase  or 
exchange  of  personal  property,  if  the  damages  claimed  do  not 
exceed  five  hundred  dollars. 

10.  In  an  action  commenced  by  attachment  pursuant  to  the 
provisions  of  article  four  of  title  two  of  chapter  nineteen  of 
the  code  of  civil  procedure,  if  the  debt  or  damages  claimed  do 
not  exceed  five  hundred  dollars. 

11.  In  summary  proceedings  under  title  two,  chapter  sev- 
enteen of  the  code  of  civil  procedure  to  recover  possession  of 
land  and  to  remove  tenants  and  others  therefrom. 

12.  In  actions  and  proceedings  under  any  statute  for  the 
enforcement  of  the  liens  of  mechanics  and  others,  where  the 
amount  of  the  lien  does  not  exceed  the.  sum  of  five  hundred 
dollars.  The  same  proceedings  to  be  had  as  are  provided  by 
law  to  be  had  in  justice’s  court. 

13.  In  proceedings  in  cases  of  bastardy  brought  by  or  un- 
der the  direction  of  the  board  of  charity  of  the  city  of  Rome 
or  by  the  superintendent  of  the  poor  of  the  county  of  Oneida. 

14.  In  any  other  action  or  proceedings  of  which  justice’s 
court  of  justices  of  the  peace  of  towns  now  or  may  hereafter 
have  jurisdiction. 

Sec.  215.  The  city  court  shall  not  take  cognizance  of  a civil 
action  in  either  of  the  following  cases: 


Where  the  title  to  real  property  comes  in  question,  as 
prescribed  in  title  three  of  chapter  nineteen  of  the  code  of  civil 
procedure;  hut  when  such  question  arises  the  pleadings  and 
practice  shall  be  the  same  as  are  now  provided  by  law  for  a 
court  of  justice  of  the  peace  in  towns,  ip  regard  thereto. 

2.  Where  the  action  is  to  recover  damages'  for  false  im- 
prisonment, libel,  slander,  criminal  conversation,  seduction  or 
malicious  prosecution. 

3.  Where,  in  a matter  of  account,  the  sum  total  of  all  the 
accounts  of  both  parties  proved  to  the  satisfaction  of  the 
court,  exceeds  one  thousand  dollars. 

4.  Where  the  action  is  brought  against  an  executor  or  ad- 
ministrator as  such,  except  the  amount  of  the  claim  is  less 
than  fifty  dollars  and  the  claim  has  been  duly  presented  to 
the  executor  or  administrator  and  rejected  by  him. 

Sec.  216.  Summary  proceedings  and  bastardy  proceedings 
may  be  commenced  by  a petition  addressed  either  to1  said  judge 
or  to  said  court,,  and  in  said  proceedings  and  in  all  actions  the 
jurisdiction  of  said  judge  shall  be  exercised  by  and  in  the 
name  of  the  said  court  only,  and  all  processes  from  said  court 
shall  be  made  returnable  thereto  by  its  proper  title.  In  the 
solemnization  of  marriages  and  in  all  other  matters  not  other- 
wise by  this  act  provided  for,  said  city  judge  shall  have  the 
same  powers  as  justices  of  the  peace  in  towns  have  and  in  in- 
stances in  which  the  justice  of  the  peace  of  a town  is  author- 
ized to  do  any  act  or  exercise  any  jurisdiction  in  association 
with  another  justice  or  justices  of  the  peace,  the  said  city  judge 
may  do  such  act  or  exercise  such  jurisdiction  without  associ- 
ating with  him  any  justice  or  justices. 

Sec.  217.  Said  court  shall  have  the  same  territorial  juris- 
diction over  the  persons  of  defendants  as  is  now  or  may  here- 
after be  conferred  upon  justices’  courts  of  towns,  and  for  that 
purpose  of  conferring  territorial  as  well  as  jurisdiction  of  the 
person  and  subject  matter  the  said  city  of  Rome  shall  be 


116 


deemed  a town  and  the  said  city  court  a justice’s  court  thereof. 

Sec.  218.  A summons  shall  be  made  returnable  before  said 
court  by  its  proper  title,  and  shall  be  substantially  in  the  fol- 
lowing form,  the  blanks  being  properly  filled  up: 

In  city  court  of  Home. 

State  of  New  York,  \ 

County  of  Oneida,  Jss: 

City  of  Home.  ) 

The  people  of  the  state  of  New  York  to  any  constable  of  said 

city  or  county,  greeting: 

You  are  hereby  commanded  to  summon 

defendant,  to  appear  in  or  before  the  city  court  of  Home,  at 

its  court  room  in  said  city  of  Rome,  on  the. . . .day  of 

at  10  o’clock  in  the  forenoon,  to  answer  the  complaint  of 

.plaintiff  in  a civil  action. 

Witness city  judge  of  Rome,  this 

day  of ....... • 


Clerk. 

Said  process  may  be  issued  by  the  city  judge  or  the  clerk  of 
the  court.  In  actions  for  tort  no  summons  shall  be  issued  or 
served  except  there  be  attached  thereto  a written  complaint, 
which  must  be  served  with  the  summons,  otherwise  judgment 
thereon  can  not  be  taken  in  the  absence  of  defendant.  The  said 
complaint  shall  state  in  a plain  and  concise  manner  the  facts 
constituting  the  cause  of  action. 

Sec.  219.  The  process  and  all  mandates  of  the  city  court, 
the  service  and  enforcement  thereof,  the  proceedings  there- 
under and  the  practice  and  procedure  in  said  court,  and  before 
the  city  judge  shall  be  the  same  as  in  courts  of  justices  of  the 
peace  in  towns  and  as  before  justices  of  the  peace  in  towns  and 
in  courts  of  special  sessions,  except  as  otherwise  provided  in 


117 


this  act;  and  all  provisions  of  law  applicable  to  justices  of  the 
peace  in  towns  and  the  courts  held  by  them,  and  the  proceedings 
had  before  them,  and  to  their  official  acts,  duties  and  powers, 
shall  apply  to  the  city  court,  and  the  judge  thereof,  and  appeals 
may  be  taken  from  judgments  of  the  city  court  and  all  pro- 
ceedings before  the  city  judge  may  be  reviewed  and  tran- 
scripts of  judgments  filed  in  the  office  of  the  clerk  of  the 
county  of  Oneida,  and  an  enforcement  of  such  judgment  shall 
be  had  in  the  same  manner  and  with  like  force  and  effect  as  in 
courts  of  justices  of  the  peace  in  towns;  but  a judgment  of  the 
city  court  shall  be  a lien  and  remain  in  force  for  the  same 
length  of  time  as  a judgment  originally  recovered  in  the  county 
court  upon  filing  a transcript  thereof  in  the  clerk’s  office  of 
Oneida  county.  In  any  case  in  which  by  law  a justice  of  the 
peace  is  required  to  render  judgment  and  enter  the  same  in 
his  docket  within  four  days,  the  city  court  of  the  city  of  Rome, 
or  the  judge  thereof,  is  required  to  render  judgment,  and  it 
must  be  entered  in  the  docket  of  said  court  within  ten  days 
after  the  case  shall  have  been  submitted  for  final  decision,  any- 
thing to  the  contrary  herein  notwithstanding. 

Sec.  220.  The  prohibtion  contained  in  section  twenty-nine 
hundred  and  forty-seven  of  the  code  of  civil  procedure  in  re- 
lation to  failure  of  the  defendant  in  an  action  in  justice’s  court 
to  interpose  a counterclaim  does  not  extend  to  an  action  in 
said  city  court  to  a case  where  the  amount  of  the  counterclaim 
is  five  hundred  dollars  more  than  the  plaintiff  recovers. 

Sec.  221.  In  the  case  provided  for  in  section  twenty-nine 
hundred  and  forty-nine  of  the  code  of  civil  procedure  or  jus- 
tices’ courts,  if  the  amount  of  the  counterclaim  or  counter- 
claims established  exceeds  the  plaintiff’s  demand,  the  defend- 
ant must  have  judgment  for  the  excess  or  so  much  thereof  as 
is  due  from  the  plaintiff,  unless  it  is  more  than  the  sum  of  five 
hundred  dollars,  and  if  more  than  five  hundred  dollars,  the 
said  court  must  pursue  the  same  course  in  reference  to  the 
same  as  in  the  said  section  provided  for  a case  in  which  it  is 
more  than  two  hundred  dollars. 


118 


Sec.  222.  Sections  five  hundred  and  five  and  five  hundred 


and  six  of  the  code  of  civil  procedure  shall  apply  to  a counter- 
claim in  an  action  against  a person  sued  in  a representative 
capacity  or  in  faVor  of  an  executor  or  administrator,  except 
that  the  defendant  can  not  take  judgment  against  the  plaintiff 
upon  a counterclaim  for  a sum  exceeding  five  hundred  dollars 
and  costs;  and  section  twenty-nine  hundred  and  forty-six  of  the 
code  of  civil  procedure  shall  not  apply  to  actions  in  said  court. 


Sec.  223.  Where  upon  the  trial  of  an  action  the  sum  total 
of  the  accounts  of  both  parties,  proved  to  the  satisfaction  of 
the  city  * judge,  exceeds  one  thousand  dollars,  judgment  of 
discontinuance  must  be  rendered  against  the  plaintiff  with 
costs,  and  section  twenty-nine  hundred  and  fifty  of  the  code 
of  civil  procedure  shall  not  he  applicable  to  the  said  city  court. 


Sec.  224.  An  attorney’s  authority  to  appear  in  any  action 
or  proceeding  in  said  court  may  be  conferred  orally  or  in  writ- 
ing, but  the  city  judge  shall  not  suffer  a person  who  is  not  an 
attorney,  admitted  to  practice  in  the  supreme  court  of  this 
state,  to  appear  as  an  attorney  unless  his  authority  is  admitted 
by  the  adverse  party,  or  proved  by  the  affidavit  or  oral  testi- 
mony of  himself  or  another;  the  city  judge  may,  in  his  discre- 
tion, at  any  time  before  final  judgment  require  from  any  such 
attorney  admitted  to  practice  in  the  supreme  court,  proof  of 
his  authority  to  so  appear. 

Sec.  225.  The  court  must,  upon  the  application  of  the 
plaintiff,  grant  a second  or  subsequent  adjournment  of  the 
trial  of  an  action  upon  proof  by  his  own  oath  or  otherwise  to 
the  satisfaction  of  the  court  that  he  can  not  safely  proceed  for 
want  of  material  testimony  or  witness,  and  that  he  has  used 
due  diligence  to  obtain  the  testimony  or  witness;  but  the  court 
may  as  a condition  of  granting  such  adjournment  require  that 
the  plaintiff  pay  to  the  defendant  the  legal  fees  of  the  defend- 
ant’s witnesses  duly  subpoenaed  for  that  day. 

Sec.  226.  The  complaint  may  be  verified  in  the  manner  pro- 
vided in  the  code  of  civil  procedure  for  the  verification  of 
pleadings  in  courts  of  record,  and,  in  an  action  commenced 


119 


-by  summons  may  v/at.  the  option  of  the  plaintiff  -or  hk  attorney 
ibe  served  therewith  when1  the  complaint  is  so  verified,  the 
subsequent  proceedings,  except  on  demurrer  shall  be  likewise 
Verified  in  all  cases  in  which  such  pleadings  would  be  re- 
quired to  be  verified  in  a court -of  record,  in  default  whereof 
they  shall  be  disregarded.  The  city  judge  may  by  general  rule 
or  otherwise  require  aiiv  pleadings  made  orally  to  be  reduced 
to  writing,  and  every  pleading  in  writing  shall  be  subscribed  by 
the  party  making  the  same  or  his  attorney,  and  shall  be  filed 
forthwith  or  within  such  time  as  the  city  judge  may  designate. 
Where  the  complaint  is  so  verified  and  served  at  the  same  time 
as  the  summons,  if  the  defendant  fails  to  answer  or  demur  to 
said  complaint,  as  hereinbefore  provided,  at  the  time  of  the 
return  of  said  summons,  he  shall  be  deemed  to  have  admitted 
the  allegations  of  the  complaint  as  true,  and  the  court  shall 
upon  filing  the  summons  and  complaint,  with  due  proof  of 
such  service  therewith,  enter  judgment  for  said  plaintiff  and 
against  the  defendant  or  defendants  not  so  demurring  or 
answering,  for  the  amount  demanded  in  such  complaint,  with 
costs,  without  further  proof. 

Sec.  227.  The  city  judge  may  from  time  to  time  establish 
such  rules  of  practice  for  said  city  court  as  he  may  deem  neces- 
sary, not  inconsistent  with  the  provisions  of  this  act  or  with  the 
code  of  civil  procedure,  which  rules  shall  govern  the  practice 
in  said  court.  The  rules  so  established  shall  before  they  be- 
come operative  be  published  at  least  one  week  in  the  official 
papers  of  the  city. 

Sec.  228.  Appeals  may  be  taken  to  the  county  court  from 
judgments  rendered  in  said  city  court  the  same  as  from  judg- 
ments rendered  by  justices  of  the'  peace.  Appeals  may  also  be 
taken  to  the  county  court  from  an  order  of  the  city  judge  on  an 
application  to  open  a default  made  as  in  section  two  hundred 
and  twenty-nine  of  this  act  provided,  and  the  time  within  which 
such  appeals  may  be  taken,  and  the  practice  thereon  shall  be 
the  same  as  apply  to  appeals  from  a judgment  of  a justice 
of  the  peace, -the  affidavits  read  on  such  application  constitu- 
ting for  the  purpose  of  such  appeal  a part  of  the  return  of  the 
city  judge. 


120 


Sec.  229.  In  actions  in  said  court  the  city  judge  shall  have 
power  to  open  defaults  and  set  aside  judgments  rendered  and 
entered  therein  and  executions  issued  thereon,  upon  such  terms 
as  may  be  just,  in  a case  where  the  defendant  shall  fail  to  ap- 
pear on  the  return  day  of  the  process,  or  on  any  adjournment, 
and  satisfactorily  excuses  his  default;  but  no  greater  terms 
shall  be  imposed  than  the  payment  of  the  costs  included  in  the 
judgment.  The  application  therefor  shall  be  founded  upon  af- 
fidavits and  shall  be  made  within  twenty  days  from  the  entry 
of  such  judgment.  Upon  presentation  of  such  application  the 
city  judge  shall  issue  an  order  returnable  in  not  less  than  five 
or  more  than  eight  days,  requiring  the  party  in  whose  favor 
the  judgment  was  rendered  to  show  cause,  if  any,  why  such 
judgment  should  not  be  set  aside.  A copy  of  said  order  and  of 
all  the  papers  upon  which  the  same  is  granted  shall  be  served 
upon  the  party  in  whose  favor  the  judgment  was  rendered,  or 
his  attorney,  if  one  shall  have  appeared  in  the  action,  not  less 
than  three  days  prior  to  the  return  thereof.  Pending  such  ap- 
plication and  the  determination  thereof,  the  city  judge  may 
stay  proceedings  upon  such  judgment  or  any  execution  which 
may  have  been  issued;  when  a judgment  shall  be  set  aside,  the 
action  shall  proceed  as  though  no  judgment  had  been  rendered. 
The  judgment  or  an  execution  issued  thereon  by  the  city  judge 
and  levy  made  therein,  may  in  the  discretion  of  the  city  judge 
be  allowed  to  stand  as  a security  for  the  satisfaction  of  any 
judgment  the  plaintiff  may  finally  recover.  Parties  moving  in 
the  county  court,  to  open  a default  or  obtain  a new  trial  in  said 
city  court,  in  cases  where  a motion  might  have  been  made  in 
said  city  court,  as  in  this  section  provided,  shall  show  that  no 
such  application  was  made  in  said  city  court. 

Sec.  230.  No  person  shall  be  incompetent  as  judge,  witness 
or  juror  in  any  action  or  proceeding  in  said  court  in  which  the 
. city  of  Rome  is  an  interested  party,  by  reason  of  his  being  an 
inhabitant,  freeholder  or  taxpayer  in  said  city. 

Sec.  231.  Sections  twenty-eight  hundred  and  ninety-three 
and  twenty-nine  hundred  and  fifty-nine  of  the  code  of  civil 
procedure  shall  have  no  application  to  this  court,  but  the  court 


121 


may  adjourn  the  trial  of  an  action  of  its  own  motion  for  a 
period  not  exceeding  ninety  days  from  the  date  of  the  joining 
of  issue. 

Sec.  232.  Depositions  may  be  taken  in  actions  and  proceed- 
ings pending  in  the  city  court  upon  the  same  grounds  and  for 
the  same  reasons  and  with  the  same  proceedings  as  in  the  su- 
preme court. 


Sec.  233.  (As  amended  by  Chapter  468,  Laws  of  1905).  In 
all  civil  actions  and  proceedings  brought  in  said  court,  the  same 
costs  and  fees  shall  be  paid  and  recovered  as  in  actions  or  pro- 
ceedings in  courts  of  justices  of  the  peace  in  towns,  except  that 
in  all  civil  actions  and  proceedings  commenced  in  said  court 
where  the  successful  party  shall  obtain  a judgment  he  shall 
tax  and  recover  in  addition  to  the  fees,  which  shall  include 
jury,  constables,  witnesses  fees  paid  by  him  or  which  he  will 
necessarily  incur,  as  hereinbefore  provided,  in  case  he  has  ap- 
peared by  an  attorney  and  counselor  of  the  supreme  court  (and 
not  otherwise),  the  following  costs: 

1.  For  all  proceedings  before  the  trial,  including  judgment 
for  plaintiff  upon  default,  to  the  plaintiff  two  dollars. 

2.  Judgment  for  plaintiff  otherwise  than  upon  default  an 
additional  sum  equal  to  ten  per  centum  of  the  recovery,  not  to 
exceed  ten  dollars. 

3.  If  the  plaintiff  recover  judgment  in  any  action  in  said 
court  for  the  recovery  of  one  or  more  chattels  the  foregoing 
sum  allowed  as  additional  costs  therein  shall  be  estimated  upon 
the  value  of  said  chattels  as  assessed  by  the  said  court  or  jury. 

4.  If  judgment  of  nonsuit  is  rendered  for  the  defendant 
without  trial,  to  the  defendant  two  dollars. 

5.  If  a judgment  is  rendered  for  the  defendant  after  trial,  to 
the  defendant  two  dollars;  and  the  court  in  its  discretion  may 
allow  an  additional  sum  not  exceeding  ten  dollars. 


’ 6;  A defendant  who  recovers  of  said  coPrt judgment  upon, 
a coun tercl aim  therein  or  obtains  a judgment  for  the  posses- 
sion or  recovery  of  chattels  sued  for  therein  is  entitled  in  ad- 
dition to  costs  heretofore  allowed  said  defendant  to  recover  the 
sum  of  ten  percentum  upon  said  recovery  or  upon  tlie  value  of 

Said  chattels  not  to  exceed  ten  dollars. 

••  /!.•:  c, '• . ; ru.i  :;.l  rl.  ; :U  *;■:  u\.\  r: 

7.  No  costs  or  fees  shall  be  allowed  or  recovered  in  any  ac- 
tion brought  on  a judgment  of  this  court,  unless  said  action  be 
brought  more  than  five  years  after  the  recovery  of  the  judg- 
ment sued  upon. 

8.  Costs  upon  a motion,  action  or  other  proceeding,  not  ex- 
ceeding two  dollars,  may  be  granted  either  absolutely  or  to 
abide  the  event  of  an  action  or  proceedings  of  any  party  in  the 
discretion  of  the  court  or  judge. 

( (Sec.  234.  In  each  action  and  proceeding  in  the  city  court, 
the  city  judge  and  the  clerk  of  said  court,  shall  each  demand 
and  receive  for  the  use  of  the  city,  for  each  service  rendered  by 
them  respectively  the  same  fees  as  justices  of  the  peace  of 
towns  are  or  may  be  entitled  to  receive  for  a like  service,  and 
no  such  service  shall  be  rendered  by  either  of  them  until  such 
fees  shall  have  been  paid  therefor;  all  such  fees  shall  be  paid  to 
the  clerk,  who  may  require  of  any  plaintiff  all  fees  in  the  ac- 
tion to  be  deposited  when  the  summons  is  issued.  In  the  case 
provided  for  in  section  three  thousand  eightv-one  of  the  code  of 
civil  procedure,  recovery  shall  be  had  from  the  city  of  Rome, 
instead  of  from  the  city  judge.  All  such  fees  collected  by  the 
clerk  and  all  fines  and  penalties  received  by  him  during  any 
month  shall  be  paid  to  the  city  treasurer  on  or  before  the  sixth 
day  of  the  next  succeeding  month,  and  the  said  clerk  shall  file 
with  the  city  clerk  at  or  before  the  time  of  the  first  regular 
meeting  of  the  common  council  in  each  month  next  after  the 
sixth  day  thereof  a complete  and  detailed  statement,  verified  by 
his  oath  and  certified  by  the  city  judge  to  be  true,  of  all  moneys 
received  by  said  clerk  by  virtue  of  the  provisions  of  this  act, 
during  the  next  preceding  month,  with  the  written  receipt  of 
the  treasurer  for  the  payment  of  the  said  moneys  to  him,  at- 


t ached  to  said  statement;  the  said  clerk  shall  ke'fej>  a- hook  in 
which  he  shall  enter  in  detail,  with  the  dates,  all  hihhe^s  re- 
ceived by  him,  which  book  during  seasonable  business  hours 
shall  be  open  to  inspection.  A poor  person,  whether  an  adult 
or  infant  not  being  of  ability  to  sue,  who  alleges  that  he  lias  a 
case  of  action  against  another  person,  or  defense  to  one 
brought,  may  apply  by  proper  petition  to  the  city  judge  or  clerk 
of  the  court  for  leave  to  prosecute  or  defend  as  a poor  pefson; 
which  petition  shall  state1  the  nature  of  the  action  brought  or 
intended  to  be  brought,  or  the  defense  intended  to  be  inter- 
posed, and  what  property  lie  possesses,  and  that  he  desires  to 
sue  or  defend  as  a poor  person,  and  the  city  judge  or  clerk  of 
the  court  may  grant  the  petition  if  satisfied  of  the  truth  of  the 
facts  alleged  and  that  the  petitioner  has  a good  cause  of  action 
or  defense  on  the  merits  therein,  and  may  make  an  order  ad- 
mitting him  to  prosecute  or  defend  without  the  payment  of  or 
liability  to  any  fees  to  any  officer  or  to  the  said  city  or  any 
costs  provided  for  by  this  act;  but  nothing  in  this  act  relating 
to  such  poor  person  shall  apply  to  appeals,  except  as  to  any 
fees  provided  for  by  this  act  to  be  paid  to  any  officer  men- 
tioned in  this  act  or  to  said  city.  If  the  person  so  admitted  is 
guilty  of  deception  in  the  petition  or  of  improper  conduct  in 
the  prosecution  or  defense  of  the  action,  or  of  wilful  or  unnec- 
essary delay,  the  city  judge  may  in  his  discretion  annul  the 
order  admitting  him  to  prosecute  or  defend  as  a poor  person, 
and  such  person  shall  be  liable  to  the  fees  and  costs  provided 
for  in  this  act. 

Sec.  235.  In  case  of  the  absence  or  disability  of  the  city 
judge  and  special  city  judge  to  perform  their  duties  or  in  case 
of  the  disqualification  of  both  for  any  reason  rendering  them 
so  by  any  of  the  provisions  of  this  act,  in  any  action  or  pro- 
ceeding, upon  a certificate  of  that  fact  being  made  by  the  city 
judge  and  special  city  judge,  or  in  case  of  their  inability  to 
seasonably  make  one,  by  the  clerk  of  the  court  upon  information 
and  belief,  the  city  attorney  then  acting  as  such  shall  perform 
their  duties  and  act  as  city  judge  during  such  absence,  disabil- 
ity or  disqualification.  The  special  city  judge,  and  the  said 
city  attorney,  while  acting  as  city  judge,  shall  sign  all  papers 


124 


as  acting  city  judge  of  the  city  court  of  Rome,  and  shall  have 
all  the  powers  and  perform  the  duties  incumbent  upon  the  city 
judge.  All  the  provisions  of  sections  forty-six,  forty-seven, 
forty-eight,  forty-nine,  fifty  and  fifty-one  of  the  code  of  civil 
procedure  not  inconsistent  with,  shall  apply  to  this  act  so  far 
as  applicable. 

Sec.  236.  (As  amended  by  Chapter  651,  Laws  of  1906). 
The  city  judge  shall  have,  except  as  herein  provided,  the  same 
powers  as  justices  of  the  peace  now  have,  or  which  may  here- 
after be  conferred  upon  them  by  law,  in  all  criminal  actions  and 
proceedings  and  special  proceedings  of  a criminal  nature  for 
or  on  account  of  offenses  committed  or  alleged  to  have  been 
committed  within  the  boundaries  of  the  city;  and  the  said  court 
within  said  city  shall  possess  and  exercise  all  the  powers  and 
jurisdiction  conferred  upon  courts  of  special  sessions  and  per- 
form all  the  duties  of  such  courts,  except  as  herein  provided; 
while  holding  courts  of  special  sessions,  the  said  judge  shall 
have  sole  and  exclusive  jurisdiction,  except  as  herein  provided, 
to  hear,  try  and  determine  all  charges  of  misdemeanor  as  now 
are  or  may  hereafter  be  defined  by  law,  alleged  to  have  been 
committed  within  the  boundaries  of  the  city;  except  such  vio- 
lations of  the  liquor  tax  law  as  are  dominated*  misdemeanors 
and  are  required  by  said  law  to  be  prosecuted  by  indictment. 
The  city  judge  shall  have  sole  and  exclusive  jurisdiction  over 
all  civil  suits  and  criminal  actions  and  proceedings  brought  on 
account  of  violation  of  this  act  and  of  the  regulations,  ordi- 
nances or  by-laws  of  the  city  or  of  any  public  board  thereof; 
and  shall  have  power  to  render  judgment  for  the  fine  or  pen- 
alty therein  prescribed,  and  in  case  any  such  regulation,  ordi- 
nance or  by-law  prescribes  a maximum  or  minimum  fine  or 
penalty  shall  have  power  to  render  judgment  or  impose  a fine 
within  the  limits  prescribed.  If  any  person  be  adjudged  to 
have  violated  any  ordinance,  by-law  or  regulation  of  the  city 
or  any  of  its  public  boards,  the  city  judge  may  impose  a fine 
which  shall  not  exceed  in  each  case  the  amount  of  penalty  pro- 
vided in  such  ordinance,  by-law  or  regulation  for  the  violation 


*So  in  original. 


125 


thereof,  besides  costs,  and  may  be  committed  to  the  county 
jail  until  such  fine  and  costs  be  paid,  for  a term  not  to  exceed 
one  day  for  every  one  dollar  of  such  fine  and  costs,  and  not 
exceeding  a longer  period  than  fifty  days. 

Sec.  237.  Criminal  trials  or  proceedings  shall  be  con- 
ducted in  like  manner,  except  as  herein  provided,  as  trials  or 
proceedings  in  courts  of  special  sessions  are  now  directed  or 
may  hereafter  be  directed  to  be  conducted  by  the  code  of 
criminal  procedure. 

Sec.  238.  The  trial  of  such  criminal  actions  may  be  removed 
from  the  jurisdiction  of  the  city  court  only  in  the  manner  now 
or  hereafter  provided  by  the  code  of  criminal  procedure  for 
the  removal  of  trials  of  actions  from  courts  of  special  sessions. 

Sec.  239.  In  case  of  misdemeanor  trials  before  him,  except 
cases  of  charges  of  public  intoxication,  the  city  judge  shall 
state  to  the  defendant  the  charges  made  against  him  and  in- 
form him  of  his  rights  under  sections  fifty-seven  and  fifty- 
eight  of  the  code  of  criminal  procedure. 

Sec.  240.  (As  amended  by  Chapter  651,  Laws  of  1906). 
Upon  a charge  of  public  intoxication,  disorderly  conduct,  va- 
grancy or  violation  of  any  of  the  ordinances,  by-laws  or  regula- 
tions of  the  city  or  any  of  its  public  boards,  the  defendant  shall 
not  have  the  right  to  a trial  by  jury,  but  shall  be  tried  before 
the  city  judge  in  a summary  way. 

Sec.  241.  An  appeal  from  the  city  court  in  a criminal  action 
or  proceeding  may  be  taken  and  had  only  in  the  same  manner 
and  upon  the  same  terms  and  conditions  as  is  now  provided  or 
as  may  hereafter  be  provided  by  the  code  of  criminal  proceed- 
ure  for  appeals  from  courts  of  special  sessions. 

Sec.  242.  When  a defendant  tried  by  or  before  the  city  court 
or  city  judge  for  any  offense,  jurisdiction  over  which  is  not 
conferred  upon  courts  of  special  sessions  by  the  code  of  crim- 
inal procedure,  but  which  is  conferred  upon  the  city  court  by 


this  act,  shall  be  convicted  of  such  offense  or  pleads  guilty,  the 
city  judge  shall  have  the  power  to  render  such  judgment  and 
to  inflict  upon  said  defendant  such  punishment  as  a court  of 
record  may  render  and  inflict  upon  a like  case  as  provided  by 
law. 

Sec.  243.  When  a defendant  tried  by  or  before  the  city  judge 
or  court  for  any  offense,  jurisdiction  over  which  is  now  or  may 
hereafter  be  conferred  upon  courts  of  special  sessions  by  law 
or  on  the  charge  of  public  intoxication,  disorderly  conduct  or 
breach  of  the  peace,  shall  be  convicted  of  such  offense  or  pleads 
guilty  before  the  city  judge  to  the  charge  of  any  such  offense, 
the  city  judge  shall  have  the  power  to  render  judgment  that 
such  defendant  pay  a fine  not  exceeding  fifty  dollars;  or  to 
render  judgment  that  said  defendant  be  imprisoned  in  the 
common  jail  of  Oneida  county  or  in  the  penitentiary  of  any 
county,  the  board  of  supervisors  of  which  have  made  an  agree- 
ment with  the  board  of  supervisors  of  Oneida  county  to  receive 
persons  sentenced  to  confinement  therein,  as  provided  by  law, 
for  a period  not  exceeding  six  months;  or  he  may  render  judg- 
ment that  the  defendant  pay  both  such  fine  and  be  so  impris- 
oned; or  he  may  render  judgment  that  such  defendant  pay  a 
fine  not  exceeding  fifty  dollars  and  that  the  defendant  be  im- 
prisoned in  such  jail  or  penitentiary  until  such  fine  is  paid,  not 
to  exceed  six  months. 

Sec.  244.  The  city  judge  may  in  his  discretion  sentence  a 
defendant  committed  by  him  to  prison  or  jail  at  hard  labor 
therein. 

Sec.  245.  The  judgment  of  the  city  court  or  city  judge  so 
rendered  must  be  executed  by  any  policeman  of  the  city  or  by 
the  sheriff  of  Oneida  county,  or  keeper  of  such  jail  or  peniten- 
tiary, upon  receiving  from  the  city  judge  either  the  certificate 
of  conviction  prescribed  by  section  seven  hundred  and  twenty- 
one  of  the  code  of  criminal  procedure  without  the  same  being- 
certified,  or  a warrant  of  commitment  setting  forth  the  offense, 
the  name  of  the  offender,  the  date  when  the  offense  was  found 
to  have  been  committed,  the  conviction  and  date  thereof,  and 


the  judgment  of  the  court  thereon,  signed  by  the  city,  judge  in 
his  official  capacity  and  directed  generally  to  the  officers  re- 
quired to  execute  the  same. 

Sec.  246.  The  clerk  of  the  court  shall  at  the  end  of  each 
month  file  in  the  office  of  the  clerk  of  the  county  of  Oneida 
certificates  of  conviction  as  in  the  form  prescribed  by  section 
seven  hundred  and  twenty-one  of  the  code  of  criminal  pro- 
cedure, of  all  persons  convicted  of  crime  before  the  city  judge. 

Sec.  247.  After  inquiring  into  the  circumstances  of  the  case, 
the  city  judge  may  in  his  discretion,  order  any  person  who  is 
imprisoned  in  said  jail  or  penitentiary  under  any  commitment 
by  him  for  any  cause  whatever  to  be  discharged  from  such  im- 
prisonment ; and  it  shall  be  the  duty  of  any  sheriff  or  keeper  of 
said  jail  or  penitentiary  forthwith  upon  receiving  such  order 
to  discharge  such  person  from  imprisonment;  the  city  judge 
may  also  in  his  judgment  remit  the  whole  or  any  part  of  a fine 
or  penalty  imposed  by  the  said  court. 

Sec.  248.  A criminal  warrant  issued  by  the  city  judge  may 
be  directed  generally  to  any  peace  officer  of  the  city  or  state, 
and  it  may  be  executed  by  any  peace  officer  to  whom  it  may 
be  delivered;  such  warrant  may  be  served  in  any  part  of  the 
state  and  the  defendant  or  defendants  named  may  be  arrested 
and  brought  before  such  judge  issuing  the  warrant  without  its 
being  endorsed  by  any  other  magistrate  or  officer;  the  city 
judge  shall  also  have  power  and  jurisdiction  to  hear  complaints 
or  charges  of  felonies  alleged  to  have  been  committed  within 
the  county  of  Oneida,  to  issue  warrants  in  such  cases  return- 
able before  him  as  such  magistrate  and  to  hold  preliminary  ex- 
amination upon  such  charges  and  the  provisions  of  chapter 
.seven  of  title  three  of  part  four  of  the  code  of  criminal  pro- 
cedure as  they  now  exist  or  as  they  may  hereafter  be  amended, 
shall  govern  such  preliminary  examination  before  the  city 
judge. 


Sec.  249.  When  the  defendant  is  charged  before  said  city 
.judge  with  being  a vagrant  or  disorderly  person  as  now  de- 


128 


fined  or  may  hereafter  be  defined  by  the  code  of  criminal  pro- 
cedure, the  provisions  of  such  code  as  to  such  cases  as  they 
now  exist,  or  as  they  may  hereafter  be  amended,  shall  govern 
the  proceedings  before  the  city  judge;  except  that  upon  convic- 
tion upon  either  charge  the  city  judge  shall  have  power  to 
commit  the  defendant  either  to  the  common  jail  of  Oneida 
county,  the  Oneida  county  home  or  poor  house,  or  to  any  county 
penitentiary  hereinbefore  mentioned. 

Sec.  250.  Two  rooms  shall  be  provided  by  the  common 
council  in  the  city  hall  for  the  city  judge;  one  of  these  rooms 
shall  be  the  court  room  where  he  shall  hold  his  court  and  con- 
duct all  examinations  subsequent  to  the  arrest  of  defendants 
from  and  over  the  age  of  sixteen  years;  and  the  other  shall  be 
his  private  counsel  room  where  he  shall  hold  court  and  conduct 
examinations  in  cases  tried  by  him  where  children  under  the 
age  of  sixteen  years  shall  be  accused;  and  in  either  of  said 
rooms  so  provided,  he  may  hear  all  complaints  that  may  come 
to  him,  hold  court  and  conduct  all  criminal  and  civil  business 
that  may,  under  the  provisions  of  this  act,  be  done  by  and  be- 
fore him. 

Sec.  251.  The  complaint  in  an  action  brought  to  recover  a 
fine  or  penalty  or  forfeiture  prescribed  herein  for  the  violation 
of  any  provisions  of  this  act,  and  to  recover  a fine  or  penalty 
prescribed  for  the  violation  of  any  ordinance,  by-law  or  regu- 
lation of  the  city  or  of  any  public  board  thereof,  shall  be  in 
writing;  the  action  shall  be  brought  in  the  name  of  the  city  as 
plaintiff;  the  complaint  shall  contain  the  title  of  the  action, 
specifying  the  name  of  the  court,  the  allegation  or  allegations 
showing  that  the  defendant  or  defendants,  as  the  case  may  be, 
at  or  about  the  time  mentioned  therein,  and  within  a period  of 
two  years  from  the  making  of  such  complaint,  violated  some 
provision  of  this  act  or  of  the  by-laws,  regulations  or  ordinances 
of  the  city,  or  a public  board  thereof,  specifying  the  section 
of  this  act  or  the  by-law,  regulation  or  ordinance  by  briefly 
referring  to  the  same  and  giving  the  name  and  number  thereof, 
or  otherwise  intelligently  describing  it  or  them;  such  complaint 
shall  state  the  time,  as  near  as  may  be,  when  such  violation  oc- 


12& 

curred;  it  shall  contain1  a demand  for  judgment  in  favor  of  the 
plaintiff  and  against  the  defendant  or  defendants,  as  the  case 
may  be,  for  the  amount  of  the  fine  or  penalty  prescribed  for  the 
violation  of  the  section  of  this  act  or  of  the  regulation,  by-law 
or  ordinance  alleged  to  have  been  violated;  and  the  complaint 
shall  be  verified  by  the  person  making  the  same  to  the  effect 
that  it  is  true  to  his  own  knowledge,  or  that  the  same  is  true 
to  the  best  of  his  knowledge,  information  and  belief.  The  city 
attorney  shall  conduct  all  cases  brought  for  violation  of  this 
act  referred  to  in  this  section. 

Sec.  252.  Upon  filing  such  complaint  with  the  clerk  of  the 
court  the  city  judge  or  clerk  shall  then  issue  a warrant  or  a 
summons;  if  a warrant  is  issued  it  shall  be  substantially  in 
the  following  form,  the  blanks  being  properly  filled  as  in  said 
form  indicated: 

In  the  city  court  of  the  city  of  Rome : 

State  of  New  York 
County  of  Oneida 
City  of  Rome 

The  people  of  the  state  of  New  York  to  any  policeman  of  said 
city,  greeting: 

Information  under  oath  having  this  day  been  laid  before 
me  that  (designate  here  the  section  of  this  act  or  the  number 
of  the  by-law,  regulation  or  ordinance  of  the  city  alleged  to 
have  been  violated  or  otherwise  intelligently  describe  it)  has 
been  violated  and  accusing  (give  name  of  person  or  persons 
accused  thereof).  You  are  therefor*  commanded  forthwith  to 
Arrest  (giving  the  name  of  the  accused  person  or  persons)  and 
bring  (her,  him  or  them)  before  me  at  the  city  courtroom  in 
said  city  to  answer  the  charges  aforesaid. 


Witness  city  judge  of  Rome, 

this day  of 


Clerk. 

*So  in  original. 


130 


Sec.  253.  If  upon  receiving  the  complaint  a summons  is  is- 
sued it  shall  be  substantially  in  the  following  form,  the  blanks 
being  properly  filled  as  in  said  form  indicated: 

In  the  city  court  of  Rome: 

State  of  New  York  | 

County  of  Oneida  vss: 

City  of  Rome  ^ 

The  people  pf  the  state  of  New  York  to  any  policeman  of  said 
city,  greeting: 

Y ou  are  hereby  commanded  to  summon 

to  appear  in  and  before  the  city  court  of  Rome,  at  its  courtroom 

in  said  city  of  Rome,  on  the.  ......  .day  of at.  . . . 

o’clock.  meridian,  to  answer  a charge  for  violation  of 

(designate  the  section  of  the  act  or  number  of  the  by-law, 
regulation  or  ordinance  alleged  to  have  been  violated  or  other- 
wise intelligently  describe  it  or  them). 


Witness city  judge  of  Rome, 

this day  of ...  • 


Clerk. 

Sec.  254.  Said  summons  may  be  made  returnable  at  any 
time  not  more  than  ten  days  from  the  issuing  of  the  same,  and 
the  summons  may  be  served  by  any  policeman  of  the  city  in 
the  manner  now  prescribed  or  hereafter  to  be  prescribed  by  the 
code  of  civil  procedure  for  the  service  of  a summons  in  justice’s 
court  by  constables. 

Sec.  255.  No  bond  shall  be  required  to  authorize  the  issuing 
of  any  civil  warrant  or  short  summons  in  behalf  of  said  city. 

Sec.  2*5 6.  Any  person  may  be  summoned  to  appear  forth- 
with or  at  a designated  time  before  the  court  to  make  an  affi- 


davit  or  to  be  sworn  and  examined  on  an  application  for  a sum- 
mons or  a warrant  on  account  of  the  violation  of  any  section  of 
this  act,  by-law,  ordinance  or  regulation  in  relation  to  his 
knowledge  of  such  violation;  such  examination  shall  be  re- 
duced to  writing  and  filed  with  the  process  and  proceedings  in 
the  case;  no  witness  so  summoned  to  appear  shall  be  entitled 
to  any  fee  or  compensation  for  such  attendance  or  examination, 
and  for  a failure  to  so  attend  or  be  sworn  or  examined,  such 
witness  shall  be  liable  to  the  same  penalty  and  may  be  punished 
by  the  said  court  or  city  judge  in  the  same  manner  as  witnesses 
who  refuse  to  appear  when  subpoenaed  or  to  be  sworn  or  to  tes- 
tify at  trials  of  actions  in  the  supreme  court. 

Sec.  257.  The  mayor  or  any  alderman  or  policeman  of  the 
city  shall  have  the  power  and  authority,  and  it  shall  be  the 
duty  of  any  such  policeman  to  arrest  without  warrant  all  per- 
sons found  by  him  engaged  in  the  act  of  violating  any  of  the 
provisions  of  this  act  or  any  by-law,  regulation  or  ordinance  of 
the  city  or  of  any  public  board  thereof,  and  to  bring  them  be- 
fore the  city  judge,  and  in  case  the  city  judge  can  not  be  found, 
to  commit  tnem  to  the  common  lockup  of  the  city  of  Rome,  and 
retain  them  there  or  elsewhere  in  the  manner  herein  provided, 
until  the  complaint  hereinbefore  provided  for  can  be  made  out 
and  filed  and  the  return  of  the  warrant  issued  thereon  be  made. 

Sec.  258.  Upon  the  appearance  of  the  defendant  before  the 
city  judge  either  upon  arrest,  under  warrant  or  upon  the  return  * 
of  the  summons,  the  city  judge  shall  read  the  complaint  filed 
against  the  defendant  and  the  defendant  may  thereupon  cither 
orally  or  in  writing  answer  the  complaint ; the  answer  of  the  de- 
fendant may  contain  a general  denial  of  each  allegation  in  the 
complaint  or  a specific  denial  of  one  or  more  of  the  material 
allegations  thereof;  it  may  also  set  forth  in  plain  and  direct 
manner  new  matter  consisting  of  one  or  more  defenses ; and  the 
issue  or  issues  raised  by  the  complaint  and  answer  shall  be 
tried  in  all  respects,  and  the  same  proceedings  shall  be  had  and 
adjournments  may  be  granted,  and  on  the  same  terms  as  pro- 
vided for  adjournments  herein  on  the  return  of  a civil  warrant 
iu  other  cases. 


132 


Sec.  259.  Should  the  defendant  fail  to  appear  upon  the  re- 
turn of  such  summons  or  fail  to  answer  the  complaint,  the  city 
judge,  without  waiting  as  prescribed  in  an  action  in  justices' 
court,  upon  filing  proof  of  due  service  of  the  summons  which 
shall  be  made  by  the  certificate  of  the  officer  serving  the  same, 
showing  the  time  and  manner  of  such  service,  shall  render  a 
judgment  in  favor  of  the  city  and  against  the  defendant  for 
the  amount  of  the  fine  or  penalty  prescribed. 

Sec.  260.  The  city  judge  may  adjourn  the  trial  of  such  ac- 
tion from  time  to  time  upon  his  own  motion  or  for  cause  shown 
upon  application  made  by  any  party  thereto,  and  he  shall  have 
power  upon  such  an  adjournment  to  compel  the  defendant  to 
enter  upon  an  undertaking  of  bail  in  writing  to  the  city  of 
Rome,  with  one  or  more  sux^eties  approved  by  him,  in  a sum 
not  exceeding  twice  the  amount  of  the  fine  or  penalty  for 
which  judgment  is  demanded,  which  undertaking  if  required 
shall  be  substantially  in  the  following  form,  the  blanks  being 
properly  filled  up  as  indicated: 

(Name  of  the  accused)  has  been  duly  charged  before  the 
undersigned,  city  judge  of  the  city  of  Rome,  New  York,  with 
the  offense  of  violating  (designate  here  the  section  of  this 
act  or  the  number  of  the  by-law,  regulation  or  ordinance  of  the 
city,  or  otherwise  intelligently  describe  it,)  we,  the  undersigned, 
jointly  and  severally  undertake  that  said  defendant  shall  ap- 
pear from  time  to  time  until  judgment  at  the  city  court  in  the 
city  court  room  in  said  city,  or  that  we  will  pay  to  the  city 
of  Rome  the  sum  of  (designate  the  sum  so  fixed).  If  the  de- 
fendant shall  fail  to  so  appear,  judgment  for  the  amount  pre- 
scribed may  be  rendered  against  us  without  further  notice. 

Rated  at  the  city  of  Rome,  New  York,  this day  of 


Signature  of  defendant. 


Signature  of  sureties. 

And  if  the  defendant  fail  to  furnish  the  undertaking  of  bail 
so  required  of  him,  the  city  judge  may  commit  the  defendant  to 
the  common  jail  of  Oneida  county  by  a commitment  in  writing, 
signed  by  him  in  his  official  capacity,  and  substantially  in  the 
form  prescribed  by  section  seven  hundred  and  thirty-four  of 
the  code  of  criminal  procedure,  substituting  in  place  of  the 
words  “a  court  of  special  sessions’ ’ the  words  “me  at  the  city 
court  of  Rome.” 

Sec.  261.  The  city  judge  shall  also  have  power  upon  the 
granting  of  any  such  adjournment,  to  accept  the  defendant’s 
own  recognizance  without  surety,  to  appear  upon  any  ad- 
journed day.  Upon  receiving  such  undertaking  or  recogni- 
zance, the  city  judge  shall  thereupon  discharge  the  defendant 
pending  the  adjournment. 

Sec.  262.  If  the  defendant  fail  to  appear  at  the  time  to 
which  the  trial  was  adjourned,  the  city  judge  may  without 
waiting  as  prescribed  in  an  action  in  justices’  court,  declare  the 
undertaking  of  bail  or  the  defendant’s  recognizance  forfeited, 
and  unless  sufficient  excuse  is  shown  for  such  failure,  the  city 
judge  shall  thereupon  enter  judgment  in  favor  of  the  city  and 
against  the  defendant,  and  the  sureties  executing  such  under- 
taking for  the  amount  named  in  the  undertaking,  if  and  under- 
taking was  furnished,  and  for  the  amount  of  the  penalty  if  no 
undertaking  was  furnished. 

Sec.  263.  Every  execution  in  an  action  for  any  penalty,  pen- 
alties or  forfeitures  recovered  for  the  violation  of  any  ordi- 
nance, by-law  or  public  regulation  enacted  in  pursuance  of  this 
act,  or  upon  violation  of  any  of  the  provisions  of  this  act,  shall 
command  the  officer  to  whom  it  is  directed  in  case  the  defend- 
ant shall  decline  or  fail  to  pay  the  amount  of  such  judgment, 
to  take  the  body  of  such  defendant  arid  commit  him  or  her  to 


134 


the  county  jail  of  Oneida  county;  there  to  remain  until  he  pays 
the  judgment  and  costs  or  for  the  term  in  said  execution  men- 
tioned, not  exceeding,  however,  for  a longer  period  than  fifty 
days,  and  the  sheriff  of  Oneida  county  is  hereby  authorized  to 
receive  and  detain  the  defendant  in  the  execution  accordingly 
upon  receiving  the  execution  or  a certified  copy  thereof  from 
any  officer  to  whom  an  execution  is  issued;  and  the  defendant 
so  committed  under  an  execution  shall  not  be  entitled  to  be 
admitted  to  the  liberties  of  the  jail. 

Sec.  264.  The  execution,  however,  issued  by  the  city  judge 
upon  a judgment  against  the  surety  or  sureties  upon  an  under- 
taking* of  bail,  as  hereinbefore  provided,  shall  require  the  of- 
ficer executing  the  same  to  satisfy  the  execution  out  of  the 
personal  property  of  such  surety  or  sureties  and  shall  omit  the 
direction  as  to  imprisonment;  separate  executions  may  be  is- 
sued upon  such  judgment  for  the  purpose  of  enforcing  the  same 
as  herein  provided. 

1 Sec.  265.  Excepting  as  herein  provided  executions  issued 
upon  a judgment  recovered  for  a penalty  or  forfeiture  shall  be 
governed  by  the  same  proceeding  as  herein  provided  for  exe- 
cution upon  a civil  judgment. 

Sec.  266.  The  city  judge,  special  city  judge,  and  clerk  upon 
filing  in  the  clerk’s  office  of  Oneida  county  the  duplicates  of 
their  oaths  of  office,  shall  have  the  same  power  that  justices 
of  the  peace  or  notaries  public  have,  to  administer  oaths  and  to 
take  acknowledgments  of  deeds  and  other  instruments,  and 
they  shall  be  entitled  to  charge  for  the  use  of  the  city  the  same 
fees  therefore*  as  justices  of  the  peace  can  charge,  except  from 
any  person  or  officer  acting  for  or  in  behalf  of  the  city. 

Sec.  267.  It  shall  be  the  duty  of  the  city  judge  upon  request 

in  writing  of  the  mayor  or  chief  of  police  of  the  city,  to  issue 
subpoenas  requiring  any  person  or  persons  named  therein  to 
appear  before  him  to  give  evidence  upon  a complaint  for  any 


So  in  original. 


offense  alleged  to  have  been  committed  in  said  city.  And  upon 
the  return  of  such  summons  .such  witnesses  shall  be  examined 
upon  oath  before  the  city  judge  by  any  city  policeman  or  the 
city  attorney  in  relation  to  the  offense  alleged  to  have  .been 
committed;  and  if  it  shall  appear  from  such  examination  that 
any  offense  has  been  committed  the  city  judge  shall  proceed 
thereon  in  the  same  manner  as  though  such  witnesses  had  vol- 
untarily made  such  complaint  before  him. 

Sec.  268.  In  criminal  matters  the  same  fees,  costs  and 
charges  shall  be  charged  and  collected  as  are  charged  and  col- 
lected in  courts  of  special  sessions  and  in  the  same  manner. 

Sec.  269.  The  city  judge  shall  keep  an  accurate  account  of 
all  criminal  business  done  by  him,  which  by  law  is  made  a 
charge  upon  the  county  of  Oneida,  and  charge  for  such  services 
the  fees  that  are  allowed  by  law  to  justices  of  the  peace,  and  at 
the  annual  meeting  of  the  board  of  supervisors  he  shall  present 
his  bill  for  the  same,  verified  according  to  law,  and  the  same 
having  been  audited  by  the  board  of  supervisors,  shall  be  paid 
to  the  city  treasurer  as  city  funds. 

Sec.  270.  He  shall  keep  an  accurate  account  of  all  his  pro- 
ceedings in  his  docket,  a complete  and  accurate  record  of  all 
processes  issued  from  and  returned  to  said  court,  and  of  all 
proceedings  in  all  civil  or  criminal  actions,  and  of  all  proceed- 
ings brought  therein  or  before  the  city  judge,  and  shall  enter 
therein  the  judgment  and  decision  of  said  court  or  judge;  such 
docket  shall  have  the  same  force  and  effect  as  dockets  of  jus- 
tices of  the  peace  in  towns. 

Sec.  271.  All  actions,  examinations  or  proceedings  pending 
in  justices’  courts  or  the  recorder’s  court  of  the  city  in  which 
the  taking  of  evidence  upon  the  trial  shall  have  been  actually 
commenced,  shall  be  then  and  forthwith  transferred  into  the 
city  court  or  before  the  city  judge  to  be  disposed  of  according 
to  law  as  if  instituted  in  said  court  or  before  the  said  city 
judge.  All  processes,  pleadings,  bonds,  undertakings,  records, 
moneys  and  papers  in  the  actions,  examinations  and  proceed- 


% 

ings  hereby  transferred,  then  in  the  custody  of  the  justices  of 
the  peace,  or  either  of  them,  and  of  the  recorder  of  the  city, 
shall  at  the  time  of  such  transfer,  be  delivered  to  the  city  judge. 
All  trials,  examinations  or  proceedings  actually  commenced 
by  the  taking  of  evidence  when  this  title  takes  affect,  in  the 
justices’  courts  or  the  recorder’s  court  of  the  city,  or  before 
justices  of  the  peace  or  the  recorder  of  the  city,  shall  be  de- 
cided by  said  courts  or  officers  respectively,  and  judgments 
therein  shall  be  entered  or  determined  by  such  courts  or  offi- 
cers thereof,  as  though  this  act  had  not  been  passed.  Such 
judgments  or  determinations  shall  be  enforced  by  execution  of 
the  judgment  or  other  process  the  same  as  if  this  act  had  not 
been  passed.  The  said  officers,  and  each  of  them,  shall  make 
return  of  such  actions,  examinations  or  proceedings  before 
them,  respectively,  as  if  his  office  had  not  been  abolished. 


Sec.  272.  Any  judge  holding  said  courts  while  in  session 
shall  have  the  same  power  to  preserve  order  and  punish  for 
contempts  committed  in  his  presence,  as  is  possessed  by  judges 
of  courts  of  record. 

Sec.  273.  It  shall  be  the  duty  of  the  clerk  to  attend  upon 
said  court  during  the  time  it  is  required  to  be  kept  open  for 
business,  and  keep  in  a docket  of  said  courts  a complete  and 
accurate  record  of  all  processes  issued  and  returned  to  said 
court,  of  all  proceedings  in  any  action  or  proceeding  brought 
therein,  of  all  moneys  paid  into  said  court  or  received  by  said 
clerk;  and  to  receive  all  moneys  payable  into  the  said  court,  in- 
cluding fees  and  costs. 

Sec.  274.  No  judge  presiding  in  such  court  shall  receive  any 
moneys  payable  thereunder  or  thereto. 

Sec.  275.  The  said  court  shall  have  a seal  which  shall  be 
furnished,  and  the  form  or  design  of  which  shall  be  pre- 
scribed by  the  common  council  and  shall  contain  the  following 
words:  “The  city  court  of  Rome,  New  York,”  and  it  shall 

remain  in  the  custody  of  the  clerk  of  said  court. 


Sec.  276.  Tlie  clerk  of  the  court  on  demand  of  a party  in 
whose  favor  a judgment  shall  have  been  rendered  and  payment 
of  the  fees  therefor,  shall  give  a transcript  thereof  under  his 
hand  and  the  seal  of  the  court,  which  may  be  filed  and  judg- 
ment thereon  docketed  in  the  office  of  the  clerk  of  the  county  of 
Oneida,  with  like  effect  and  in  the  same  case  as  a transcript  of 
a docket  of  the  justices  of  the  peace. 

Sec.  277.  Said  clerk  shall  give  a bond  to  the  people  of  the 
state  of  New  York,  with  at  least  two  sureties,  to  be  approved  by 
the  city  judge,  in  an  amount  not  less  than  two  thousand  dol- 
lars, which  shall  be  renewed  annually  on  the  first  day  of  Jan- 
uary in  each  year  and  filed  in  the  office  of  the  city  treasurer, 
conditioned  for  the  faithful  performance  of  liis  duty  as  such 
city  clerk,  and  the  accounting  for  and  payment  of  all  moneys 
which  shall  come  into  his  hands.  Such  bond  to  be  in  addition 
to  any  other  bond  or  bonds  required  of  said  officer  by  reason 
of  any  other  duties,  or  bond  required  of  him  by  this  act.  Any 
person  injured  by  the  default  of  such  clerk,  including  the  city, 
may  maintain  an  action  in  his  or  its  own  name  against  said 
clerk  and  sureties  on  said  bond  in  any  court  having  jurisdiction. 

Sec.  278.  List  of  trial  jurors  shall  be  made  up  in  such  court 
in  the  same  manner  and  pursuant  to  the  same  provisions  of  law 
as  they  are  made  in  the  courts  of  justices  of  the  peace,  and  the 
laws  applicable  to  the  securing  and  drawing  of  jurors  in  courts 
of  justices  of  the  peace  and  courts  of  special  sessions  shall  be 
applicable  to  and  govern  the  city  court. 

TITLE  XV. 

GENERAL  PROVISIONS, 

Sec.  279.  The  city  shall  have  all  the  powers  necessary  to  the 
exercise  of  the  rights  and  the  discharge  of  the  duties  conferred 
and  imposed  upon  it  by  this  act.  The  enumeration  herein  of 
its  powers  shall  not  be  construed  to  deny,  annul  or  disparage 
any  power  possessed  by  the  city  by  virtue  of  any  provisions  of 
any  existing  law  consistent  with  this  act  and  not  repealed 
hereby. 


138 


Sec.  280.  The  political  year  shall  begin  with  the  first  day 
of  January,  and  the  term  of  all  officers,  except  those  whose 
terms  are  otherwise  definitely  prescribed  herein,  shall  be  com- 
puted by  the  political  year  although  the  officers  may  not  have 
been  appointed  until  after  the  year  shall  have  begun. 

Sec.  281.  No  person,  board  or  department  in  the  city  shall 
have  the  right  to  incur  any  indebtedness  for  the  city,  except  as 
authorized  by  the  common  council  or  other  municipal  board 
or  department  in  conformity  with  the  provisions  of  this  act. 

Sec.  282.  No  action  shall  be  maintained  against  the  city 
for  damages  or  injuries  to  person  or  property  claimed  to  have 
been  caused  by  the  negligence  or  misfeasance  of  the  city,  or 
any  of  its  officers  or  employes  unless  within  three  months  after 
the  occurrence  of  the  facts  out  of  which  the  alleged  liability 
arises,  a claim  in  writing,  verified  by  the  oath  of  the  claimant, 
describing  as  far  as  then  practicable,  the  time,  place,  cause  and 
extent  of  the  injury,  shall  be  presented  to  the  common  council. 
The  omission  to  present  such  claim  as  aforesaid,  within  said 
three  months,  shall  be  a bar  to  any  action  or  proceeding  there- 
for against  the  city.  No  action  for  such  damages  or  injuries 
shall  be  maintained  unless  commenced  within  one  year  after 
the  happening  of  the  same.  None  of  the  provisions  of  this  sec- 
tion shall  be  deemed  to  refer  to  the  class  or  character  of  in- 
juries or  negligence  specified  in  section  one  hundred  and 
ninety-eight  of  this  act. 

Sec.  283.  No  judge  or  jury  shall  be  deemed  incompetent 
upon  the  trial  of  any  action  or  proceedings  to  which  the  city 
shall  he  a party  by  reason  of  his  being  a resident  or  taxpayer 
of  the  city. 

Sec.  284.  No  witness  shall  be  excused  from  testifying  in  any 
criminal  proceedings  or  in  any  investigation  or  inquiry  before 
the  mayor,  the  common  council  or  any  municipal  board  having 
the  right  to  conduct  the  investigation  touching  his  knowledge 
of  any  offense  committed  against  the  provisions  of  this  act  or 
any  ordinance  of  the  city,  but  such  testimony  shall  not  be  used 
against  him  in  any  criminal  prosecution  whatever. 


139 


Sec.  285.  All  ordinances  and  by-laws  heretofore  passed  by 
the  common  council  of  the  city  and  not  inconsistent  with  this 
act  or  with  law,  shall  continue  in  force  and  effect  until  amended 
or  repealed,  and  the  common  council  of  the  city  shall  have 
power  in  the  year  nineteen  hundred  and  four  to  adopt  ordi- 
nances to  carry  into  effect  the  provisions  of  this  act,  which 
shall  take  effect  herewith. 

Sec.  286.  The  city,  through  the  common  council,  shall  have 
the  power  to  acquire  by  agreement  or  by  proceedings  under  the 
condemnation  law,  any  private  plants  and  equipments  for 
lighting  the  public  streets  and  parks  of  the  city,  but  no  ex- 
penditures for  such  purpose  shall  be  made  until  authorized  by 
special  election  of  taxpayers  called  and  conducted  as  herein 
provided  for  extraordinary  expenditures. 

Sec,  287.  The  city  shall  be  regarded  as  a town  under  and  for 
the  purpose  of  the  provisions  of  article  two  of  title  three  of 
chapter  ten  of  the  code  of  civil  procedure,  respecting  the  re- 
turn of  jurors,  and  the  supervisors,  assessors  and  city  clerk  of 
said  city  shall  perform  the  duties  enjoined  upon  the  super- 
visors, assessors  and  town  clerk  of  the  several  towns,  except 
that  a duplicate  list  of  the  return  of  jurors  shall  be  filed  in  the 
office  of  the  clerk  of  the  city.  Each  ward  of  the  city  shall  be 
regarded  as  a town  under  the  fifth  article  of  chapter  twenty 
of  the  general  laws,  and  the  supervisor  and  alderman  of  each 
ward  shall  be  fence  viewers  and  shall  possess  all  the  powers 
and  authority  in  respect  to  division  fences  or  walls  in  their 
ward  which  are  given  by  said  article  to  town  fence  viewers 
with  respect  to  division  fences. 

Sec.  288.  After  the  going  into  effect  of  this  act,  the  common 
council  and  each  board  of  the  city,  are  prohibited  from  creating 
any  debt  not  authorized  by  law  or  from  appropriating  any 
moneys  in  excess  of  the  amount  authorized  by  law,  excepting  as 
herein  otherwise  provided.  The  members  of  the  common  coun- 
cil, or  of  any  board  of  the  city,  voting  therefor  shall  be  liable 
for  any  debt  created  in  violation  of  the  provisions  of  this  act, 
and  shall  be  deemed  guilty  of  a misdemeanor.  All  books,  pa- 


140 


pers,  documents,  files,  funds  and  moneys  in  the  hands  of  any 
officers,  agents  or  servants  of  the  city  shall  be  transferred  and 
paid  to  their  successors  elected  or  appointed  under  this  act. 

Sec.  289.  No  costs,  fees,  disbursements  or  allowances  shall 
be  recovered  or  inserted  in  any  judgment  against  the  city  ot 
Rome,  or  against  any  of  its  officers  or  authorized  agents,  where 
said  city  would  be  liable  to  such  officer  or  authorized  agents, 
unless  the  claim,  whether  arising  on  contract,  express  or  im- 
plied or  on  tort,  upon  which  such  judgment  is  founded,  shall 
have  been  presented  for  payment  to  the  common  council  of 
the  city  of  Rome  at  least  forty  days  before  the  commencement 
of  an  action  thereon. 

Sec.  290.  The  mayor,  the  president  of  the  common  council, 
president  of  any  board,  or  chairman  of  any  committee  or  spe- 
cial committee  of  the  common  council,  shall  have  power  to  ad- 
minister any  oaths  or  take  an  affidavit  in  respect  to  any  mat- 
ter pending  before  the  common  council  or  such  board  or  com- 
mittee, and  any  person  who  may  be  required  to  take  an  oath  or 
affirmation  or  to  make  any  affidavit  or  statement  under  oath  or 
affirmation,  under  or  by  virtue  of  any  provision  of  this  act, 
who  shall  under  such  oath  or  affirmation  in  any  statement  or 
affidavit  or  otherwise,  wilfully  swear  falsely  as  to  any  material 
fact  or  matter,  shall  be  guilty  of  perjury. 

Sec.  291.  When  corporations,  associations,  copartners,  joint 
tenants  or  tenants  in  common,  are  to  be  served  with  a notice 
under  any  provisions  of  this  act,  or  under  the  direction  of  the 
oommon  council,  it  shall  be  deemed  sufficient,  valid  and  legal 
service  of  such  notice  to  serve  a copy  thereof  upon  the  presi- 
dent, cashier,  treasurer,  one  of  the  directors  or  the  managing 
agent  of  such  corporation  or  association,  or  upon  any  one  of 
such  copartners,  joint  tenants  or  tenants  in  common. 

Sec.  292.  The  affidavit  of  the  service  of  any  notice  under  the 
provisions  of  this  act,  or  under  the  direction  of  the  common 
council,  made  by  the  person  serving  the  same  or  where  the 
service  is  by  publication,  the  affidavit  of  the  publisher  of  the 


141 


paper,  the  clerk,  editor  or  foreman  in  his  office  stating  that 
such  notice  has  been  published  the  time  required  by  law,  and 
filed  with  the  city  clerk,  shall  be  presumptive  evidence  of  such 
service  in  all  courts  and  places  as  shall  also  be  certified  copies 
of  the  same. 

Sec.  293.  Every  act,  ordinance,  by-law,  public  regulation, 
resolution  or  proceeding  of  the  common  council  or  of  any  of 
the  boards  of  the  city  of  Rome,  may  be  read  in  evidence  in  all 
courts  and  places  in  this  state,  either: 

1.  From  a copy  of  such  act,  ordinance,  by-law,  public  reg- 
ulation, resolution  or  proceedings  certified  by  the  city  clerk, 
under  the  seal  of  the  city;  or 

2.  From  the  printed  volume  of  ordinances,  by-laws  and 
public  regulations  printed  by  authority  of  the  common  council. 

Sec.  294.  The  charter  of  the  city  of  Rome  may  be  read  in 
evidence  from  the  volume  containing  such  charter,  printed  by 
authority  of  the  common  council,  or  from  a copy  certified  by 
the  city  clerk,  or  from  the  session  laws  of  the  state  of  New 
York  containing  the  same. 

Sec,  295.  The  word  “person”  in  this  act  shall  be  con- 
strued to  include  persons,  firms,  companies,  corporations  and 
associations. 

Sec.  296.  A description  and  map  of  all  the  streets,  high- 
ways, alleys,  lanes.,  side  and  crosswalks,  drains,  sewers,  water 
mains,  hydrants,  public  squares  and  walks  in  said  city  hereto- 
fore laid  out  or  which  shall  have  been  dedicated  to  the  public, 
or  given  to  the  village  or  city  of  Rome  or  which  shall  have  been 
used  or  occupied  by  the  public  for  twenty  years,  shall  be  re- 
corded in  a book  to  be  kept  by  the  city  clerk  for  that  purpose, 
and  said  map  shall  be  filed  and  kept  in  the  office  of  the  city 
clerk.  A description  of  every  street,  public  grounds,  sidewalk, 
crosswalk,  drain,  sewer,  water  mains,  hydrants  and  public 
squares  and  walks  thereafter  made  or  altered  or  discontinued 


142 

shall  be  recorded  in  the  same  book,  or  in  a set  of  books,  to  be 
kept  for  that  purpose,  and  a map  of  every  new  street  hereafter 
made,  and  of  every  alteration  in  a street,  shall  be  made  and 
filed  with  and  kept  in  the  office  of  said  clerk.  Said  record  and 
map  shall  be  prima  facie  evidence  of  the  facts  therein  stated, 
described  or  portrayed  in  all  actions  or  courts. 

Sec.  297.  The  moneys  of  all  leases,  licenses  and  for  all  pen- 
alties and  forfeitures  for  violation  of  this  act  or  the  by-laws, 
ordinances  or  regulations  of  the  city,  and  all  fines  imposed  in 
and  by  the  city  court  and  all  costs  received  or  collected  in  ac- 
tions brought  in  the  name  of  the  city  in  the  city  court,  shall  be 
paid  to  the  city  treasurer  for  the  use  of  the  said  city  and  by 
him  passed  to  the  credit  of  the  general  city  fund. 

Sec.  298.  Nothing  in  this  act  shall  be  construed  to  prevent 
the  board  of  supervisors  of  the  county  of  Oneida  from  exer- 
cising in  respect  to  the  assessment  rolls  of  said  city  delivered 
to  them,  or  the  taxes  imposed  by  them  thereby,  the  same  powers 
which  are  vested  in  boards  of  supervisors  in  respect  to  town 
assessment  rolls  and  town  and  county  taxes  or  in  the  correc- 
tion thereof;  but  no  charge  shall  be  made  by  said  board  in  the 
relative  valuation  of  the  different  wards  as  such,  but  the  same 
shall  be  considered  as  a whole. 

Sec.  299.  Excepting  as  herein  otherwise  specifically  pro- 
vided, in  case  any  administrative  board  of  the  city  shall  expend 
any  moneys  or  incur  any  obligations  at  the  request  or  on  ac- 
count of  any  town  or  of  the  county  of  Oneida  for  which  such 
town  or  county  may  be  liable,  the  amounts  paid  by  such  town 
or  county  on  account  of  such  obligations  incurred  or  moneys 
expended,  shall  be  passed  by  the  city  treasurer  to  the  credit  of 
the  administrative  board  making  such  expenditures  or  incur- 
ring such  obligations. 

Sec.  300.  All  taxes  and  assessments  of  the  city  of  Rome  un- 
collected at  the  time  of  going  into  effect  of  this  act  shall  be 
collected  in  the  manner  herein  provided  for  the  collection  of 
taxes  and  assessments. 


143 


Sec.  301.  At  least  six  days  before  an  election  to  fill  any 
public  office,  the  city  clerk  shall  cause  to  be  published  twice  in 
the  official  newspapers  of  the  city  a list  of  all  nominations  of 
candidates  for  offices  to  be  filled  at  such  election,  certified  to 
said  clerk  or  filed  in  his  office.  Such  publication  shall  contain 
the  name  and  residence,  the  street  number  of  the  residence  and 
place  of  business  and  the  party  or  other  designations  of  each 
candidate,  and  a facsimile  of  the  emblems  or  devices  selected 
and  designated  in  accordance  with  the  election  law  of  the  state 
of  New  York  for  each  party  or  other  designated  nominations  in 
order  to  represent  and  distinguish  the  several  political  parties 
or  independent  bodies.  Should  the  city  clerk  find  it  impractica- 
ble to  make  the  publication  six  days  before  election  day,  he 
shall  make  the  same  at  the  earliest  possible  day  thereafter  and 
before  the  election.  Such  list  of  nominations  of  candidates  for 
offices  to  be  elected  in  and  for  the  city  of  Rome  solely  shall 
not  be  published  in  any  newspapers  which  are  not  published  in 
the  said  city  of  Rome. 

Sec.  302.  This  act  is  hereby  declared  a public  act,  and  to  be 
construed  accordingly. 

Sec.  303.  Chapter  twenty-five  of  the  laws  of  eighteen  hun- 
dred and  seventy,  and  all  acts  and  parts  of  acts  amendatory 
thereof  or  supplemental  thereto,  and  all  acts  and  parts  of  acts 
inconsistent  with  and  repugnant  to  the  provisions  of  this  act, 
are  hereby  repealed,  excepting  and  saving  that  nothing  herein 
contained  shall  be  deemed  to  repeal  or  in  any  way  affect  chap- 
ter six  hundred  and  twenty-four  of  the  laws  of  eighteen  hun- 
dred and  ninety-nine,  and  all  acts  and  parts  of  acts  amendatory 
thereof  or  supplemental  thereto,  and  saving,  reserving  and 
confirming  to  the  said  city  all  acts  done  and  all  rights,  privi- 
leges, franchises  and  titles  which  have  arisen  or  may  or  might 
arise  therefrom,  but  such  repeal  shall  not  revive  any  act  or  part 
thereof  heretofore  repealed  and  nothing  herein  contained  shall 
be  so  construed  as  to  destroy,  impair  or  take  away  any  right  or 
remedy  acquired  by  any  act  hereby  repealed  or  affirmed,  and 
all  proceedings  or  actions  commenced  under  such  acts  may  be 
prosecuted  and  defended  as  though  this  act  had  not  been 


144 


passed;  and  the  provisions  of  act  so  far  as  they  are  substantially 
the  same  as  those  of  laws  existing  at  the  time  of  the  passage 
of  this  act  and  especially  the  provisions  of  chapter  six  hundred 
and  twenty-four  of  the  laws  of  eighteen  hundred  and  ninety- 
nine  and  chapter  three  hundred  of  the  laws  of  nineteen  hun- 
dred and  three,  shall  be  construed  as  a continuation  of  such 
laws  modified  or  amended  according  to  the  language  employed 
in  this  chapter  and  not  a new  enactment. 

See.  304.  (Added  by  Chapter  651,  Laws  of  1906).  Upon 
the  written  request  of  twenty-five  taxpayers  of  that  portion 
or  part  of  the  city  outside  of  the  corporation  tax  district  the 
electors  thereof  may,  at  the  next  annual  election  held  in  and 
for  said  city,  vote  by  ballot  upon  the  question  of  changing  the 
system  of  taxation  for  working  the  highways  in  that  portion 
or  part  of  said  city  as  aforesaid.  Such  written  request  shall 
be  acknowledged  the  same  as  deeds  entitled  to  be  recorded, 
and  be  filed  in  the  office  of  the  city  clerk  at  least  thirty  days 
prior  to  the  date  of  such  annual  election.  If  a majority  of 
tlio^e  voting  upon  sued!  question  vote  to  change  such  system, 
the  change  shall  not  take  effect  until  the  next  annual  meeting 
of  the  board  of  supervisors  of  Oneida  county  after  the  election 
at  which  it  was  decided  to  make  the  change.  If  the  money 
system  of  taxation  is  adopted  the  amount  of  taxes  required 
shall  be  levied  and  collected  in  the  manner  hereinbefore  pro- 
vided. If  the  labor  system  of  taxation  is  adopted  the  high- 
way labor  shall  be  assessed  by  the  board  of  public  works  and 
be  performed  under  the  supervision,  direction  and  control  of 
the  said  board  of  public  works,  the  same  as  in  towns  and  as 
provided  by  the  highway  law;  except  that  the  highway  labor 
assessed  against  any  railroad  corporation  for  that  portion  of 
its  road  outside  the  corporation  tax  district  shall  be  assessed 
in  one  item  and  not  in  separate  road  districts,  and  shall  be 
paid  in  money  at  the  commutation  rates  to  the  city  treasurer 
for  the  benefit  of  the  highways  generally. 


145 


CHAPTER  13,  LAWS  OF  1905. 

AN  ACT  authorizing  the  city  of  Rome  to  issue  bonds  for  the 
purpose  of  paying  for  extending  and  constructing  street  im- 
provement. 


Accepted  by  the  city. 

Became  a law,  February  22',  1905,  with  the  approval  of  the 
Governor.  Passed,  three-fifths  being  present. 

The  People  of  the  State  of  New  York,  represented  in  Senate 
and  Assembly,  do  enact  as  follows: 

Section  1.  The  city  of  home,  by  its  common  council,  is  here- 
by authorized  and  empowered,  and  it  shall  be  its  duty,  by  reso- 
lution duly  adopted,  to  issue  and  sell  bonds  in  the  name,  in  be- 
half of  and  upon  the  credit  of  said  city  in  an  amount  not  ex- 
ceeding in  the  aggregate  the  sum  of  twenty  thousand  dollars 
par  value,  for  the  purpose  of  paying  the  city’s  share,  portion  or 
part  of  the  cost  and  expense  of  extending  and  construction 
street  improvements  which  have  been  made  and  completed  in 
said  city,  and  the  proceeds  of  such  bonds  shall  be  applied  by 
said  common  council  for  the  objects  and  for  the  purposes  afore- 
said, and  for  no  other  purpose. 

Sec.  2.  Such  bonds  shall  be  signed  by  the  mayor  and  city 
clerk  of  said  city,  and  sealed  with  the  seal  of  said  city.  They 
shall  be  issued  upon  such  terms  and  for  such  length  of  time 
and  at  such  rate  of  interest,  not  to  exceed  four  per  centum  per 
annum,  as  said  common  council  shall  determine,  and  shall  be 
sold  for  not  less  than  their  par  value.  They  may  be  sold  at 
public  or  private  sale,  as  said  common  council  may  determine. 
They  shall  be  numbered  consecutively  from  one  to  the  highest 
number  issued,  and  the  city  clerk  shall  keep  a record  of  each 
bond,  the  date,  amount,  rate  of  interest,  when  and  where  pay- 
able, and  the  purchaser  thereof. 

Sec.  3.  It  shall  be  the  duty  of  said  city  to  be  caused  to  be 


raised  yearly  by  tax  upon  the  taxable  property  in  said  city,  in 
the  same  manner  as  the  other  general  taxes  are  levied,  a sum 
sufficient  to  pay  the  interest  upon  said  bonds,  when  and  as  the 
same  shall  become  due  and  payable  and  from  time  to  time  in 
like  manner,  to  raise  the  money  necessary  to  pay  the  principal 
of  said  bonds  as  they  shall  fall  due. 

Sec.  4.  This  act  shall  take  effect  immediately. 

j 

CHAPTER  393,  LAWS  OF  1908. 

AN  ACT  to  provide  for  the  election  of  a justice  of  the  peace  in 

the  City  of  Rome. 

Became  a law,  May  20,  1908,  with  the  approval  of  the  Governor, 
Passed,  three-fifths  being  present. 

Accepted  by  the  City. 

The  People  of  the  State  of  New  York,  represented  in  Senate 
and  Assembly,  do  enact  as  follows: 

Section  1 There  shall  be  elected  in  the  city  of  Rome  at  the 
general  election  to  be  held  in  said  city  in  November,  nineteen 
hundred  and  eight,  and  every  four  years  thereafter,  a justice  of 
the  peace,  who  shall  hold  office  for  a term  of  four  years,  begin- 
ning on  the  first  day  of  January  following  his  election. 

Sec.  2.  The  justice  of  the  peace  so  elected  shall  have  and 
keep  an  office  or  place  for  the  transaction  of  his  official  busi- 
ness within  said  city,  and  not  elsewhere.  He  shall  have  and 
exercise  all  the  powers,  authority  and  jurisdiction,  and  dis- 
charge all  the  duties,  and  be  entitled  to  all  the  fees  and  com- 
pensation of  justices  of  the  peace  of  the  several  towns  of  this 
state,  except  that  he  shall  not  have  jurisdiction  of  any  criminal 
matter  arising  within  the  city  of  Rome,  nor  in  any  action 
brought  to  recover  a fine,  penalty  or  forfeiture  for  the  viola- 
tion of  any  of  the  provisions  of  the  charter  of  said  city,  or  the 
by-laws,  ordinances,  rules  and  regulations  of  said  city,  or  for 


147 


the  recovery  of  taxes  and  assessments  imposed  or  assessed  pur- 
suant to  the  charter  of  said  city,  unless  designated  by  the  mayor 
to  act  in  place  of  the  city  judge,  in  which  case  he  shall  have  the 
same  powers  and  be  subjected  to  the  same  duties  provided  in 
said  charter  relating  to  the  powers  and  duties  of  the  city  judge. 
Said  justice  of  the  peace  shall  have  the  same  territorial  juris- 
diction as  justices  of  the  peace  of  the  several  towns  of  this 
state,  and  a summons  issued  by  said  justice  of  the  peace  may 
be  served  in  any  part  of  Oneida  county,  and  except  as  herein 
otherwise  provided,  all  laws  applicable  to  justices  of  the  peace 
of  the  several  towns  of  this  state  and  to  their  official  acts, 
duties  and  powers,  shall  apply  to  the  said  justice  of  the  peace. 
Appeals  from  any  judgment  rendered  by  said  justice  of  the 
peace  may  be  taken  to  the  county  court  of  Oneida  county  with- 
in the  time  and  in  the  manner  prescribed  by  law  for  appeals 
from  judgments  rendered  by  justices  of  the  peace  in  towns, 
and  all  provisions  of  law  relative  to  appeals  from  such  judg- 
ments shall  apply  to  appeals  from  judgments  rendered  by  any 
justice  of  the  peace  elected  under  the  provisions  of  this  act. 
Before  entering  upon  the  discharge  of  the  duties  of  his  office 
said  justice  of  the  peace  shall  take  and  file  in  the  clerk’s  office 
of  Oneida  county  the  oath  of  office  prescribed  by  law. 

Sec.  3.  Any  action  or  proceeding  brought  or  instituted  be- 
fore said  justice  of  the  peace  shall,  on  motion  of  any  defendant 
to  such  action  or  proceeding,  be  removed  to  the  city  court  of 
said  city,  if  such  defendant  shall  at  the  time  of  joining  issue  01 
before  any  witness  is  sworn  therein  file  an  affidavit  with  the 
said  justice  that  he  has  a meritorious  defense,  offset  or  coun- 
terclaim to  the  plaintiff’s  cause  of  action,  and  pay  to  said  jus- 
tice the  legal  fees  for  all  proceedings  had  and  taken  in  said 
action  or  proceeding  up  to  the  time  of  filing  such  affidavit. 
The  said  justice  of  the  peace  shall  thereupon  and  within  twenty- 
four  hours  after  the  filing  of  said  affidavit  and  payment  of 
costs,  as  aforesaid,  return  to  the  said  city  court  all  papers  and 
proceedings  made,  had  and  taken  before  hi  in  in  said  action  or 
proceeding,  and  said  action  shall  thereafter  proceed  and  be  de- 
termined in  said  city  court  in  the  same  manner  and  with  the 
same  effect  as  if  originally  instituted  therein,  and  issue  in  said 


143 


action  or  proceeding  shall  be  deemed  to  have  been  joined  in 
said  city  court  as  of  the  day  the  original  process  in  such  action 
or  proceeding  was  made  returnable  before  the  said  justice  of 
the  peace.  Any  justice  of  the  peace  failing  to  certify  and  re- 
turn to  the  said  city  court  all  papers  and  proceedings  made,  had 
and  taken  in  an  action  or  proceeding  brought  before  him  and  re- 
moved to  said  city  court,  as  herein  provided  shall,  upon  con- 
viction thereof,  be  deemed  guilty  of  a misdemeanor  and  for- 
feit his  office. 

Sec.  4.  Nothing  herein  contained  shall  be  construed  as  limit- 
ing, changing,  modifying,  abrogating  or  repealing  any  of  the 
powers  and  duties  conferred  upon  the  city  court  of  the  city  of 
Borne  or  the  city  judge  by  the  charter  of  said  city  of  Borne, 
and  all  of  the  provisions  of  said  charter  relating  to  said  city 
court  and  said  city  judge  shall  be  and  remain  unimpaired. 

Sec.  5.  This  act  shall  take  effect  immediately. 


CHAPTER  321,  LAWS  OF  1909. 

AN  ACT  to  establish  a police  pension  fund  for  the  city  of 
Rome,  and  to  regulate  the  collection,  management  and  dis- 
bursement thereof. 

Became  a law  May  10,  1909’,  with  the  approval  of  the  Governor. 
Passed,  three-fifths  being  present. 

Accepted  by  the  City. 

The  People  of  the  State  of  New  York,  represented  in  Senate 
and  Assembly,  do  enact  as  follows: 

Section  1.  The  mayor  of  the  city  of  Rome  for  the  time 
being  (and  his  successors  in  office),  the  city  treasurer  of  such 
city  for  the  time  being  (and  his  successors  in  office),  the  chief 
of  police  of  such  city  for  the  time  being  (and  his  successors 
in  office),  and  the  board  of  fire  and  police  commissioners  of 
such  city  for  the  time  being  (and  their  successors  in  office), 
shall  constitute  a board  of  trustees  of  the  police  pension  fund 


149 


hereinafter  mentioned.  The  mayor  of  the  city  of  Rome  shall 
be  president  of  said  board,  and  the  clerk  of  the  board  of  fire 
and  police  commissioners  of  said  city  shall  be  secretary  of  said 
board  of  trustees  of  the  police  pension  fund.  The  city  treas- 
urer of  said  city  shall  be  the  treasurer  of  said  police  pension 
fund.  Said  board  of  trustees' shall  have  charge  of  and  admin- 
ister said  fund  from  time  to  time  and  invest  same  or  any  part 
thereof  as  they  shall  deem  most  beneficial  to  said  fund  and  are 
empowered  to  make  all  necessary  contracts  and  take  all  neces- 
sary and  proper  action  and  proceedings  in  the  premises  and  to 
make  payments  from  said  fund  of  pensions  granted  in  pursu- 
ance of  this  chapter.  The  said  trustees  shall,  from  time  to 
time,  establish  such  rules  and  regulations  for  the  administra- 
tion of  the  police  pension  fund  as  they  may  deem  best.  They 
shall  report  in  detail  the  condition  of  said  fund  at  the  close  of 
each  fiscal  year  of  the  police  department,  through  their  sec- 
retary, to  the  common  council  and  said  report  shall  be  pub- 
lished with  the  annual  report  of  the  police  department.  No 
payments  whatever  shall  be  allowed  or  made  by  said  trustees 
as  rewards,  gratuities  or  compensation  to  any  persons  for  sal- 
ary or  services  rendered  to  or  for  said  board  of  trustees. 

Sec.  2.  The  police  pension  fund  shall  consist  of  the  follow- 
ing with  the  interest  and  income  thereof,  namely: 

1.  All  fines  imposed  upon  the  members  of  the  police  force 
by  the  board  of  fire  and  police  commissioners  of  such  city. 

2.  All  moneys  received  for  said  fund  from  donations,  lega- 
cies, gifts,  bequests' or  otherwise,  for  and  on  account  of  said 

fund. 

3.  One-half  of  all  rewards,  gifts  and  emoluments  presented, 
paid  or  given  to  any  member  of  the  police  force  of  such  city, 
for  or  on  account  of  police  services  and  not  properly  belonging 
to  the  city. 

4.  All  moneys  paid  for  special  services  of  policemen  at 
ball  games,  county  fairs,  balls,  parties,  weddings,  excursions 
or  picnics,  or  other  special  services. 


150 


5.  All  last  or  stolen  money  remaining  in  the  hands  of  the 
chief  of  police,  the  city  court,  or  the  justice  of  the  peace  of 
such  city  for  a period  of  one  year,  for  which  there  shall  be 
no  lawful  claimant;  and  the  moneys  arising  from  the  sale  of 
unclaimed  property,  which  the  chief  of  police  of  such  city  is 
hereby  authorized  to  sell  after  said  property  shall  have  been 
held,  without  a lawful  claimant,  for  a period  of  one  year. 

6.  All  fees,  and  moneys  realized  or  received  from  the  grant- 
ing or  issuing  of  permits  to  carry  revolvers  or  other  weapons, 
which  shall  be  issued  as  provided  by  law,  and  the  ordinances 
of  said  city  now  or  hereafter  adopted,  and  one-half  of  all  fines 
imposed  and  collected  from  persons  found  guilty  of  carrying 
concealed  weapons. 

7.  All  moneys  realized,  derived  or  received  from  the  col- 
lection of  license  fees  collected  from  the  owners  of  dogs  in 
said  city,  in  pursuance  of  the  provisions  of  the  ordinances  of 
said  city. 

8.  The  treasurer  of  the  city  of  Rome  shall  annually  after 
January  first,  nineteen  hundred  and  ten,  deduct  two  per  cen- 
tum from  the  police  earnings  which  are  received  by  him  from 
the  board  of  supervisors  of  the  county  of  Oneida,  and  deposit 
the  same  to  the  credit  of  the  police  pension  fund,  for  the  use 
and  benefit  thereof. 

9.  The  treasurer  of  the  city  of  Rome  shall  annually  after 
January  first,  nineteen  hundred  and  ten,  deduct  five  per  cen- 
tum from  the  city’s  portion  of  the  excise  money  received  by 
him  from  the  county  treasurer  of  the  county  of  Oneida  and 
deposit  the  same  to  the  credit  of  the  police  pension  fund,  for 
the  use  and  benefit  thereof. 

10.  A sum  of  money  equal  to,  but  not  greater  than  two  per 
centum  of  the  monthly  pay,  salary  or  compensation  of  each 
member  of  .the  police  force  of  said  city,  which  said  sum  shall 
be  deducted  monthly  by  the  clerk  of  the  board  of  fire  and  po- 
lice commissioners  of  the  city  from  the  pay,  salary  or  com- 


151 


pensation  of  each  and  every  member  of  the  police  force,  in- 
cluding the  chief  and  assistant  chief  of  police;  and  the  said 
clerk  of  said  board  of  fire  and  police  commissioners  is  hereby 
authorized,  empowered  and  directed  to  deduct  the  said  sum 
as  aforesaid  and  forthwith  to  pay  the  same  to  the  treasurer  of 
the  police  pension  fund. 

11.  Whenever  by  any  of  the  provisions  of  this  act  as  it  now 
exists  or  may  hereafter  be  amended,  licenses,  fees,  taxes  or 
other  moneys,  collected  and  received  by  the  city,  shall  form 
and  be  a part  of  the  policemen’s  pension  fund,  only  such  por- 
tion of  such  licenses,  fees,  taxes  or  other  moneys,  collected 
by  the  city,  shall  form  a part  of  said  fund,  or  be  turned  over  to 
the  board  of  trustees  of  said  fund,  as  shall  remain  after  de- 
ducting all  of  the  expenses  of  the  city  and  its  departments  in 
collecting  and  enforcing  the  collection  of  such  moneys. 

Section  3.  The  board  of  fire  and  police  commissioners  of 
said  city  shall  have  power,  in  its  discretion,  by  a vote  of  at 
least  three  of  its  members  to  retire  and  dismiss  from  mem- 
bership in  said  police  force  and  thereupon  grant  pensions  as 
hereinafter  provided  to  any  member  of  the  police  force  of  said 
city,  who  shall  have  become  disabled  physically  or  mentally 
or  so  advanced  in  age  as  to  be  unfit  for  police  duty,  and,  by 
a like  vote  of  the  board,  to  widows  and  orphans  of  such  mem- 
bers, to  be  paid  from  the  police  pension  fund  by  the  board  of 
trustees  as  follows: 

1.  Any  member  of  said  police  force  who  shall,  after  twenty 
years  of  membership,  become  superannuated  by  age,  perma- 
nently insane  or  mentally  incapacitated  or  disabled  physically 
or  mentally,  so  as  to  be  unfit  or  unable  to  perform  full  police 
duty  by  reason  of  such  disability  or  disease  contracted  with- 
out misconduct  on  his  part,  one-half  of  the  pay  of  such  officer 
at  such  time,  to  be  paid  monthly. 

2.  To  the  widow  of  any  member  of  the  police  force  who 
shall  have  been  killed  while  in  the  actual  performance  of  duty 
or  shall  have  died  from  the  effects  of  any  injury  received  while 


in  the  actual  discharge  of  such  duty,  who  shall  hereafter 
die  after  twenty  years  of  service  in  the  police  force  in 
the.  city  of  Rome  or  who  shall  have  been  retired  upon  a pen- 
sion under  section  four  of  this  act,  if  there  be  no  child  or  chil- 
dren under  sixteen  years  of  age  of  any  such  member,  the  one- 
half  the  pay  of  such  officer  at  the  time  of  his  death  or  retire- 
ment, payable  monthly;  but  if  there  be  any  such  child  or  chil- 
dren of  said  member  under  the  age  aforesaid,  then  the  said 
sum  may  be  divided  between  such  widow,  child  or  children  in 
such  proportions  and  in  such  manner  as  the  said  board  of  trus- 
tees of  the  police  pension  fund  shall  direct. 

3.  To  any  child  or  children  under  sixteen  years  of  age  of 
such  member  killed  or  dying  as  aforesaid,  or  pensioner  as 
aforesaid,  but  leaving  no  widow,  or  if  a widow,  then  after  her 
death  or  remarriage  to  such  child  or  children  being  under  six- 
teen years  of  age,  a sum  equal  to  one-lialf  of  the  pay  of  such 
officer  at  the  time  of  his  death  or  retirement,  payable  monthly. 

4.  To  the  mother  depending  for  support  upon  such  mem- 
ber killed  or  dying  as  aforesaid,  or  pensioner  as  aforesaid, 
leaving  no  widow  or  children,  one-half  of  the  pay  of  said  of- 
ficer at  the  time  of  his  death  or  retirement,  payable  monthly. 

Sec.  4.  Any  member  of  the  police  force  who,  while  in  the 
actual  performance  of  duty  and  by  reason  of  the  performance 
of  such  duty  and  without  fault  or  misconduct  on  his  part,  shall 
have  become  permanently  disabled,  physically  or  mentally, 
so  as  to  be  unfit  to  perform  full  police  duty,  upon  his  applica- 
tion in  writing  or  upon  a certificate  of  the  police  surgeon 
showing  that  such  member  is  permanently  disabled,  physically 
or  mentally,  so  as  to  be  unfit  for  duty,  shall,  by  resolution 
adopted  by  two-thirds  vote  of  the  board  of  fire  and  police  com- 
missioners of  said  city,  be  retired  and  dismissed  from  said 
force  and  service  and  placed  on  the  roll  of  the  police  pension 
fund  and  awarded  and  granted,  to  be  paid  in  monthly  install- 
ments from  said  pension  fund,  an  annual  pension  during  his 
lifetime,  of  a sum  equal  to  one-half  the  full  salary  or  compen- 
sation of  such  member  so  retired.  Pensions  granted  under 


this  act  shall  be  for  the  natural  life  of  the  pensioner  and  shall 
not  be  revoked,  repealed  or  diminished,  except  as  herein  other- 
wise provided,  and  except  in  case  that  said  fund  shall  be  in- 
sufficient to  pay  the  same  in  full,,  in  which  event  there  shall 
be  such  pro  rata  reduction  as  the  condition  of  the  fund  de- 
mands. 

Sec.  5.  Pensions  to  widows  shall  terminate  when  the  widow 
shall  remarry  and  pensions  to  children  shall  terminate  when- 
ever the  children  respectively  arrive  at  the  age  of  sixteen 
years.  No  member  of  the  police  force  shall  be  awarded,  grant- 
ed or  paid  a pension  on  account  of  physical  or  mental  disa- 
bility or  disease,  unless  upon  the  certificate  of  the  surgeon  of 
the  police  department,  which  shall  set  forth  the  cause,  nature 
and  extent  of  the  disability  or  the  disease  or  injury  of  each 
member  of  the  police  force  who  may  be  placed  upon  the  pen- 
sion roll,  and  said  certificate  shall  distinctly  state  wherein  such 
disability,  disease  or  injury  was  incurred  or  sustained  by  said 
member  of  the  police  force  in  the  performance  of  police  duty, 
if  so  incurred,  and  such  certificate  shall  in  each  case  be  filed 
and  entered  on  the  minutes  of  the  board  of  fire  and  police  com- 
missioners. 

Sec.  6.  No  person  who  may  be  a member  of  the  police  force 
of  the  city  of  Rome  at  the  time  of  the  passage  of  this  act  shall 
be  entitled  to  any  of  the  benefits  herein  unless  he  shall,  within 
thirty  days  after  the  passage  thereof,  elect  in  writing  to  come 
under  the  provisions  of  this  act,  and  consent  in  writing  to  the 
monthly  deduction  of  two  per  centum  of  his  monthly  salary  or 
compensation  as  provided  by  subdivision  ten  of  section  two  of 
this  act,  and  file  such  election  and  consent  with  the  secretary 
of  the  board  of  trustees  of  the  police  pension  fund  within  said 
thirty  days. 

Sec.  7.  Nothing  in  this  act  contained  shall  be  construed  to 
bind  or  hold  the  board  of  fire  and  police  commissioners,  or 
the  trustees  of  the  police  pension  fund,  hereby  created,  liable 
for  any  pension  or  other  moneys  to  be  paid  under  this  act  be- 
yond the  amount  received  by  them  in  pursuance  of  this  act. 


154 


And  in  case  said  fund  shall  not  be  sufficient  to  pay  said  pen- 
sions provided  for  herein,  and  granted  by  said  board  of  fire 
and  police  commissioners,  in  full,  then  such  sum  less  than 
herein  provided  shall  be  paid  to  said  pensioners  pro  rata,  as 
the  conditions  of  the  fund  will  warrant. 

Sec.  8.  The  health  officer  of  the  city  of  Rome  shall  be,  and 
he  hereby  is,  constituted  the  police  surgeon  of  said  city  of 
Rome,  and  directed  to  perform  all  the  duties  herein  imposed 
upon  the  police  surgeon,  but  without  additional  pay  or  com- 
pensation. 

Sec.  9.  This  act  shall  take  effect  immediately. 


CHAPTER  185,  LAWS  OF  1917. 

AN  ACT  to  create  and  establish  a firemen’s  relief  and  pension 
fund  for  the  fire  department  of  the  city  of  Rome  and  author- 
izing the  granting  and  payment  of  pensions  and  relief  there- 
from. 

Became  a law  April  16,  1917,  with  the  approval  of  the  Governor. 
Passed,  three-fifths  being  present. 

Accepted  by  the  City. 

The  People  of  the  State  of  New  York,  represented  in  Senate 
and  Assembly,  do  enact  as  follows: 

Section  1.  Definitions.  Unless  otherwise  specified  in  this 
act,  the  words  and  terms  in  this  section  mentioned  shall  be  de- 
fined and  construed  as  follows: 

1.  44 Fire  commissioners”  shall  include  the  fire  and  police 

commissioners  of  the  city  of  Rome,  their  successors  in  office, 
and  the  person,  persons  or  officers  hereafter  designated  by  any 
statute  to  have  charge  and  control  of  the  fire  department  of 
said  city. 


155 


2.  4 ‘Fund”  shall  include  the  firemen’s  relief  and  pension 
fund  hereby  established. 

3.  1 ‘ Board  of  trustees”  shall  include  the  board  of  trustees 
of  the  firemen’s  relief  and  pension  fund  hereby  created. 

4.  “Fire  department”  shall  mean  and  include: 

(a)  All  officers  and  members  of  the  paid  fire  department  of 

said  city  now  in  office  who  shall  comply  with  the  provisions  of 
this  act. 

(b)  All  officers  and  members  of  the  paid  fire  department  of 
said  city  hereafter  appointed  by  the  fire  commissioners,  who 
shall,  after  examination  by  a physician  and  surgeon  selected  by 
the  said  board  of  trustees,  be  found  to  be  in  sound  health  and 
physical  condition  and  able  to  perform  liis  full  duty  as  such 
officer  or  member  and  who  shall  comply  with  the  provisions  of 
this  act  and  also  pay  into  said  fund  the  sum  of  five  dollars  to 
cover  the  expenses  of  such  examination  and  other  expenses. 

Sec.  2.  Firemen’s  relief  and  pension  fund.  There  shall  be 
and  hereby  is  established  in  the  city  of  Rome  a firemen’s  relief 
and  pension  fund  for  the  fire  department  of  said  city,  which 
shall  consist  of: 

1.  All  fines,  penalties  and  forfeitures  imposed  upon  the  offi- 
cers and  members  of  said  fire  department  by  the  fire  commis- 
sioners of  said  city  and  collectible  from  pay  or  salary. 

2.  All  rewards,  fees,  gifts  or  emoluments  other  than  salary 
that  may  be  paid  or  given  for  or  on  account  of  services  rendered 
by  any  such  officer  or  member  except  such  as  shall  be  allowed 
by  said  fire  commissioners  to  be  retained  by  such  officer  or 
member. 

3.  All  sums  of  money  or  property  that  may  be  contributed 
by  gifts  or  raised  by  entertainments  given  for  that  purpose, 

4.  An  assessment  of  two  per  centum  per  month  on  the  sal- 
aries of  all  officers  and  members  of  said  department,  which  said 


156 


sum  or  assessment. shall  be  deducted  semi-monthly  by  the  treas- 
urer of  the  city  from  the  salary  of  each  and  every  officer  and 
member  of  said  department  and  held  by  such  treasurer  for  the 
benefit  of  said  fund. 

5.  The  sum  of  two  thousand  dollars  to  be  raised  by  taxation 
of  the  property  in  the  corporation  district  of  said  cify  of  Rome. 
This  sum  is  to  be  known  as  a permanent  fund  and  to  be  used 
only  in  an  emergency.  Each  year  a sum  of  money  to  be  raised 
by  taxation  of  the  property  in  the  corporation  tax  district  in 
said  city,  equal  to  the  amount  paid  to  officers  or  members  of 
said  department  on  pension  and  to  make  up  any  deficiency  in 
the  aforesaid  sum  of  two  thousand  dollars. 

6.  The  common  council  may,  by.  ordinance,  authorize  and 
direct  the  payment  into  said  fund  of  any  penalties  recovered  for 
violation  of  any  ordinance  of  the  city  and  the  moneys  so  paid 
shall  be  used  for  the  purposes  for  which  said  fund  is  created. 

Sec.  3.  Board  of  trustees.  The  mayor,  the  treasurer  of  the 
city,  the  members  of  the  fire  and  police  commission  and  the 
chief  of  the  fire  department  and  their  successors  in  office,  shall 
constitute  the  board  of  trustees  of  said  fund.  The  mayor  shall 
be  chairman,  the  treasurer  of  the  city  shall  be  treasurer,  and 
the  clerk  of  the  board  of  fire  and  police  commissioners  shall  be 
secretary  thereof,  and  each  of  such  officers  of  the  board  of  trus- 
tees shall  serve  without  compensation.  Said  board  of  trustees 
shall  have  the  exclusive  control,  management  and  distribution 
of  said  fund  and  the  treasurer  of  the  city  shall  be  custodian 
thereof.  Said  fund  shall  be  kept  by  the  treasurer  of  the  city, 
separate  and  apart  from  any  other  funds  under  his  custody,  and 
the  sureties  on  the  official  bond  of  said  treasurer  shall  be  liable 
for  the  safe-keeping  and  due  accounting  by  such  treasurer  of 
the  moneys  and  securities  belonging  to  said  fund.  The  board  of 
trustees  may  make  rules  and  regulations  for  its  government  and 
shall  hear  and  determine  all  applications  for  relief  or  pension 
under  this  act.  It  shall  cause  to  be  kept  a record  of  all  its  pro- 
ceedings and  meetings.  No  payments  whatever  shall  be  made 
or  allowed  by  said  board  of  trustees  as  rewards,  gratuities  or 


compensation  to  any  person  for  salary  or  services  rendered  to 
or  for  such  board  of  trustee.  Said  board  of  trustees  is  empow- 
ered to  make  all  necessary  contracts,  institute  all  necessary  and 
proper  actions  or  proceedings  and  make  payments  from  said 
fund  of  relief  or  pension  as  provided  by  this  act  and  not  other- 
wise. The  city  attorney  of  the  city  of  Rome  shall  be  the  legal 
* adviser  of  such  board  of  trustees  and  shall  have  charge  of  all 
actions  or  proceedings  brought  by  or  against  such  board  or  the 
members  thereof,  and  shall  serve  without  additional  compen- 
sation therefor.  When  this  act  takes  effect  the  mayor  shall 
call  a meeting  of  said  board  of  trustees  for  the  purpose  of  carry- 
ing the  provisions  of  this  act  into  effect.  A majority  of  such 
board  of  trustees  shall  constitute  a quorum. 

Sec.  4.  Pension,  when  payable : 

1.  Any  officer  or  member  of  the  paid  fire  department  who 
may  be  found  upon  examination,  by  a physician  or  surgeon  of 
good  repute,  duly  certified  under  oath,  disqualified  physically 
or  mentally  for  the  performance  of  his  duties  in  the  depart- 
ment by  reason  of  long  service,  disease  or  disability  caused  or 
induced  by  the  active  performance  of  the  duties  of  his  position,, 
without  fault  or  misconduct  on  his  part,  may,  during  the  con- 
tinuance of  such  disability,  be  retired  by  the  fire  commission- 
ers, provided  that  if  such  officer  or  member  objects  to  being  so 
retired,  he  may  demand  an  examination  as  to  such  disability 
by  three  competent  physicians  or  surgeons  of  good  repute  and 
standing,  one  to  be  selected  by  the  fire  commissioners*  one  by 
such  officer  or  member,  and  the  third  by  the  two  physicians  or 
surgeons  selected  by  the  fire  commissioners,  officer  or  member 
as  aforesaid,  and  the  three  so  selected  shall  examine  such  offi- 
cer or  member  and  the  finding  of  the  majority  of  such  exam- 
iners shall  be  final  as  to  the  ability  or  disability  at  that  time  of 
such  officer  or  member  to  perform  his  full  duty,  and  if  found 
able,  he  shall  be  returned  to  duty  at  the  same  salary  and  rank 
then  paid  and  held  by  him.  Any  officer  or  member  retired 
under  the  preceding  provision  of  this  section,  shall,  however, 
remain  under  the  orders  of  the  fire  commissioners,  wTho  may 


158 


order  him  at  any  time  to  do  such  duty  of  which  he  is  capable  as 
may  be  decided  to  be  for  the  best  interests  of  said  department, 
and  while  so  serving  he  shall  be  paid  the  same  salary  as  that 
received  by  the  other  members  of  the  department  of  the  same 
rank. 

2.  Every  officer  or  member  of  said  department  who  may* 
have  become  permanently  incapacitated  from  performing  full 
duty  as  such  officer  or  member  by  reason  of  age  or  of  disease 
or  disability  caused  or  induced  by  injury  or  by  long  service  and 
exposure  while  in  the  line  of  his  duty,  without  fault  or  miscon- 
duct on  his  part,  may,  on  his  own  application,  be  retired  from 
service  by  a majority  vote  of  said  fire  commissioners,  provided 
the  applicant  has  been  examined  by  three  physicians  or  sur- 
geons selected  as  aforesaid,  and  their  sworn  certificate  signed 
by  a majority  of  such  examiners  filed  with  the  fire  commis- 
sioners, showing  that  the  applicant  is  permanently  disqualified 
from  performing  his  duties  in  said  department. 

3.  Any  officer  or  member  of  said  department  who  shall  have 
served  therein  for  twenty  years  or  more  since  the  year  eighteen 
hundred  and  eighty-one  and  who  is  mentally  or  physically  dis- 
qualified from  performing  the  duties  of  his  employment,  said 
accident  or  disease  contracted  while  performing  his  duty,  or 
has  attained  the  age  of  sixty  years,  may  retire  upon  his  own 
application  without  examination. 

4.  Except  as  otherwise  prescribed  by  this  act,  a pension 
shall  be  granted  and  paid  to  each  person  retired  under  the  pro- 
visions of  this  section  to  the  amount  of  one-half  of  the  salary 
paid  to  such  person  at  the  time  of  his  retirement,  and  shall  be 
payable  in  monthly  installments.  No  officer  or  member  of  said 
department  shall  be  entitled  to  any  allowance  as  pension  during 
the  time  he  shall  be  receiving  full  salary  from  said  city  of  Rome. 

5.  Any  officer  or  member  of  said  department  who  has  been 
placed  on  pension,  can  not  be  employed  or  receive  pay  or  sal- 
ary from  any  other  department  of  the  city  of  Rome. 


159 


See.  5.  Pension  to  widow  and  children.  Said  board  of  trus- 
tees may  also  in  its  discretion  grant,  authorize  and  direct  the 
payment  of  pensions,  payable  out  of  said  fund  as  follows: 

1.  To  the  widow  and  child  or  children  of  any  officer  or 
member  of  said  department  who  shall  have  been  killed  while  in 
the  actual  performance  of'  duty,  or  who  shall  have  died  from  the 
effects  of  injury  received  or  disease  contracted  while  in  the  dis- 
charge of  duty,  a sum  per  month  not  exceeding  one-half  of  the 
monthly  salary  paid  to  such  deceased  officer  or  member  at  the 
time  of  his  death,  irrespective  of  duration  of  service.  If  there 
be  no  child  or  children  under  eighteen  years  of  age  of  said 
officer  or  member  living  then  all  sums  allowed  under  the  fore- 
going provision  of  this  section  shall  be  paid  to  said  widow,  and 
if  there  be  any  such  child  or  children  under  the  age  aforesaid, 
then  said  sum  may  be  divided  between  said  widow  and  child 
or  children  in  such  proportion  and  in  such  manner  as  said  board 
of  trustees  may  direct. 

2.  To  any  child  or  children  under  eighteen  years  of  age,  of 
any  deceased  officer  or  member  mentioned  in  the  preceding 
subdivision  who  died  leaving  no  widow,  or  if  a widow,  then 
after  her  death  or  marriage,  to  such  child  or  children  under 
eighteen  years  of  age,  a sum  per  month  not  exceeding  one-half 
of  the  monthly  salary  paid  to  such  deceased  officer  or  member 
at  the  time  of  his  death,  to  be  apportioned  in  such  manner  as 
said  board  of  trustees  may  direct. 

3.  To  any  dependent  parent  or  parents  of  any  deceased 
officer  or  member  mentioned  in  subdivision  one  of  this  section 
who  died  leaving  no  widow  or  child  under  eighteen  years  of 
age,  a sum  per  month  not  exceeding  one-half  of  the  monthly 
salary  paid  to  such  deceased  officer  or  member  at  the  time  of 
his  death  to  be  apportioned  in  such  manner  as  the  said  board 
of  trustees  may  direct, 

4.  If  there  be  any  deceased  retired  officer  or  member  of  said 
department,  who  has  been  retired  by  the  board  of  trustees,  upon 


160 


his  death  said  pension  shall  be  paid  to  the  widow,  child  or  chil- 
dren, or  dependent  parent  or  parents  if  there  be  any. 

Sec.  6.  Termination  of  pensions  of  widow,  children.  Pen- 
sions granted  to  a widow  shall  terminate  when  the  widow  shall 
remarry  and  pensions  granted  to  children  shall  terminate  when- 
ever they  shall  respectively  marry  or  arrive  at  the  age  of  eigh- 
teen years.  Said  board  of  trustees  may  in  its  discretion  termi- 
nate or  diminislrany  pension  or  any  part  thereof  granted  to  any 
widow,  child  or  parent  whenever  they  deem  that  the  necessi- 
ties of  such  widow,  child  or  parent  do  not  require  its  contin- 
uance. 

Sec.  7.  Payments,  how  made.  All  payments  from  said 
fund  shall  be  made  by  the  city  treasurer  only  upon  warrants 
signed  by  the  chairman  of  the  board  of  trustees  and  counter- 
signed by  the  city  clerk  and  no  warrant  shall  be  drawn  except 
by  order  of  the  board  of  trustees  duly  entered  in  the  record  of 
its  proceedings.  The  city  treasurer  shall  deposit  the  moneys 
belonging  to  said  fund  in  the  bank  or  banks  designated  by  the 
board  of  trustees. 

Sec.  8.  Annual  reports.  In  the  month  of  January,  of  each 
and  every  year,  the  clerk  of  the  board  of  trustees  shall  make  a 
report  in  writing  to  the  common  council  of  the  condition  of  said 
fund,  in  which  report  there  shall  be  clearly  set  forth  a complete 
itemized  statement  of  all  receipts  and  disbursements  during 
such  year,  giving  the  name  of  each  and  every  person,  corpora- 
tion or  association  from  whom  any  money  or  property  has  been 
received  or  to  whom  any  money  or  property  has  been  delivered 
or  paid  on  account  of  said  fund,  together  with  the  total  amounts 
thereof. 

Sec.  9.  Officers  receiving  money  to  pay  same  to  treasurer. 

Any  officer  or  board  of  officers  of  the  city  who  shall  realize,  re- 
ceive or  derive  any  money,  which,  under  the  provisions  of  law 
constitute  a part  of  said  fund,  is  hereby  directed  to  pay  over  the 


161 


same  immediately  to  the  treasurer  of  the  city  to  be  used  and 
applied  as  a part  of  said  fund. 

Sec.  10.  Swearing  falsely.  Any  person  who  shall  wilfully 
or  knowingly  swear  falsely  in  any  oath  or  affirmation  in  obtain- 
ing or  procuring  any  relief  or  pension  or  the  payment  thereof, 
under  the  provisions  of  this  act,  shall  be  guilty  of  perjury. 

Sec.  11.  Board  of  trustees  to  serve  without  additional  com- 
pensation. No  member  of  such  board  of  trustees  shall  be  paid 
or  receive  any  additional  compensation  for  his  services  as  a 
member  of  such  board. 

Sec.  12.  Every  officer  or  member  of  said  department,  who 
wishes  to  join  the  pension  fund  must  sign  an  election  to  take 
advantage  of  the  provisions  of  this  act. 

Sec.  13.  All  acts  or  parts  of  acts  inconsistent  with,  or  repug- 
nant to,  the  provisions  of  this  act  are  hereby  repealed. 

Sec.  14.  This  act  shall  take  effect  immediately. 


ORDINANCES 

OF  THE. 

CITY  OF  ROME 

AS  PASSED  BY  THE 

COMMON  COUNCIL 


Revised  to  June  1,  1919 


165 


Ordinance  No.  1. 

No  person  shall  make,  aid,  countenance  or  assist  in  making 
any  riot,  noise,  false  alarm  of  fire,  disturbance  or  improper 
diversion  or  behave  in  an  indecent  or  disorderly  manner  in  the 
streets,  in  any  public  or  private  premises,  or  elsewhere  in  the 
city,  to  the  annoyance  or  disturbance  of  citizens  or  travelers,  or 
commit  any  act  which  seriously  injures  the  person  or  property 
of  another,  or  which  seriously  disturbs  or  endangers  the  public 
peace  or  health,  or  which  openly  outrages  public  decency,  under 
a penalty  of  not  to  exceed  fifty  dollars  for  each  offense. 

Ordinance  No.  2. 

Any  person  who  shall  appear  in  the  streets  or  in  any  public 
place  in  the  city  in  a state  of  intoxication  may  be  arrested  with- 
out a warrant  while  so  intoxicated,  and  upon  conviction  shall 
forfeit  and  pay  a penalty  of  not  more  than  fifty  dollars  for  each 
offense. 

Ordinance  No.  3. 

No  person  shall  be  allowed  to  bathe  in  any  pond,  river,  canal, 
or  other  stream  within  the  corporation  tax  district,  under  a pen- 
alty of  not  to  exceed  ten  dollars  for  each  offense. 

Ordinance  No.  4. 

No  person  shall  keep  or  assist  in  keeping  a disorderly  or 
gaming  house  or  establishment,  billiard  table,  shuffle  board, 
e.  o.,  table,  faro  bank,  or  any  other  instrument  for  gaming, 
where,  or  on,  or  with  which  money,  liquor  or  any  other  article 
shall  in  any  manner  be  played  or  gambled  for,  under  the  pen- 
alty of  not  to  exceed  fifty  dollars  for  each  offense  and  the  fur- 
ther penalty  of  twenty-five  dollars  for  every  forty-eight  hours 
during  which  such  person  shall  continue  to  keep  or  assist  in 
keeping  the  same  after  a conviction  for  a violation  of  this  ordi- 
nance. 


Ordinance  No.  5. 

No  person  keeping  a bowling  alley  or  floor  shall  permit  any 


166 


game  to  be  played  on  Sunday,  or  at  any  time  between  one  o’clock 
and  six  o’clock  in  the  morning,  under  the  penalty  of  five  dol- 
lars for  each  offense. 

Ordinance  No.  6. 

No  person,  firm  or  corporation  shall  sell,  distribute,  show, 
post  or  exhibit  or  cause  to  be  sold,  distributed,  shown,  posted  or 
exhibited,  any  print,  writing,  bill  poster,  paper,  picture,  draw- 
ing, photograph,  figure  or  image  of  an  obscene,  lewd,  lascivious 
or  indecent  character,  under  a penalty  of  not  more  than  fifty 
dollars. 


Ordinance  No.  7. 

No  person  shall  keep  or  assist  in  keeping  a brothel  or  a house 
of  assignation,  nor  entertain  or  assist  in  entertaining  lewd 
women  for  the  purpose  of  prostitution,  nor  procure  or  aid  in 
procuring  lewd  women  for  that  purpose,  under  penalty  of  not 
to  exceed  fifty  dollars  for  each  offense. 

Any  owner  or  lessee  of  a house  or  tenement  who  shall  permit 
any  occupant  thereof  who  shall  have  been  convicted  of  any  vio- 
lation of  this  ordinance  to  continue  in  the  occupation  thereof 
for  the  purpose  of  prostitution  for  ten  days  after  having  re- 
ceived notice  of  such  conviction  from  the  mayor,  the  magistrate 
before  whom  the  conviction  shall  be  had,  or  the  chief  of  police, 
shall  pay  a penalty  of  twenty-five  dollars  for  every  week’s  con- 
tinuance of  such  occupation  thereafter. 

Ordinance  No.  8. 

Every  person  convicted  as  a vagrant,  mendicant,  street  beg- 
gar, or  common  prostitute,  shall  forfeit  and  pay  a penalty  of 
not  to  exceed  fifty  dollars. 

Ordinance  No.  9. 

No  person  shall  play  ball  or  any  other  game  or  raise  or  fly  a 
kite  in  any  street,  under  a penalty  not  to  exceed  five  dollars. 


167 


Ordinance  No.  10. 

No  person  shall  ring  any  bell,  or  make  any  public  outcry  or 
proclamation  for  any  public  sale  or  auction,  under  the  penalty 
of  not  to  exceed  ten  dollars. 

Ordinance  No.  11. 

No  person  shall  skate  or  slide  upon  any  sleds,  or  otherwise, 
upon  any  sidewalk  in  the  city,  under  penalty  of  not  to  exceed 
ten  dollars  for  each  offense. 

Ordinance  No.  12. 

No  cattle,  horses,  goats,  sheep,  swine,  chickens,  ducks  or 
geese,  shall  be  permitted  to  run  at  large,  within  the  corporation 
tax  district,  under  a penalty  not  to  exceed  ten  dollars  for  each 
violation  of  this  ordinance. 

Ordinance  No.  13. 

No  person  shall  fire  or  aid  or  assist  in  firing  any  gun,  pistol, 
squirt,  rocket,  firecracker,  gunpowder,  fireworks  or  explosive 
combustible,  in  the  streets,  public  squares  or  pleasure  grounds, 
or  within  twenty  rods  of  any  dwelling  house  or  store,  under  the 
penalty  of  not  to  exceed  fifty  dollars  for  each  offense. 

Ordinance  No.  14. 

No  person  shall  in  any  street  or  at  any  railroad  station,  or 
boat  landing,  solicit  passengers  for  any  means  of  public  con- 
veyance, or  guests  for  any  tavern,  boarding  or  victualing  houses, 
or  recommend  or  advertise  any  means  of  conveyance,  carriage, 
tavern,  boarding  or  victualing  house,  under  a penalty  of  not  to 
exceed  fifty  dollars  for  each  offense.  No  person  shall  employ, 
aid  or  countenance  any  person  in  violating  any  of  the  provis- 
ions of  this  ordinance,  under  like  penalty. 

Ordinance  No.  15. 

Any  person  who  shall  wilfully  hinder  or  obstruct  any  officer 
of  the  city  in  the  performance  of  any  duty  required  of  him  in 


168 


pursuance  of  the  laws  incorporating  the  city,  or  the  ordinances, 
by-laws  or  resolutions  of  the  Common  Council  or  any  public 
board,  shall  forfeit  and  pay  a penalty  of  not  to  exceed  fifty  dol- 
lars for  each  offense. 


Ordinance  No.  18. 

No  person,  firm  or  corporation  shall  give,  or  assist  in  giving, 
free  or  for  money,  any  theatrical  representation  or  public  con- 
cert or  performances  of.  any  kind,  in  the  bar-room  of  any  inn, 
tavern,  hotel,  restaurant  or  saloon,  or  in  any  room  adjacent  to 
or  adjoining  the  bar-room  of  any  inn,  tavern,  hotel,  restaurant 
or  saloon,  under  a penalty  of  not  to  exceed  fifty  dollars  for  each 
offense. 


Ordinance  No.  17. 

No  person,  except  members  of  the  police  or  fire  departments, 
or  of  fire,  hose  or  hook  and  ladder  companies  of  this  city,  shall 
jump,  or  attempt  to  jump,  or  attempt  to  ride,  on  or  upon  any 
hose  cart,  fire  engine,  hook  and  ladder  truck,  wagon,  cart,  sleigh, 
or  any  other  vehicle,  apparatus,  chattel  or  tiling  in  the  service 
of  the  fire  department  or  its  officers,  or  of  the  Board  of  Fire  and 
Police  Commissioners  of  Rome,  N.  Y.,  while  the  same  is  getting 
ready,  starting  or  being  driven,  hauled,  taken  or  propelled  to  or 
from  a fire,  or  in  response  and  obedience  to  any  call  or  alarm  of 
fire,  even  if  false,  or  while  it  is  at  or  about  a fire,  and  whether 
in  operation  or  not.  Any  person  violating  this  ordinance  shall 
forfeit  and  pay  a penalty  of  not  to  exceed  fifty  dollars  for  each 
offense. 


Ordinance  No.  18. 

No  person,  firm  or  corporation,  except  members  of  the  fire  de- 
partment, in  preparing  to  play  upon  or  extinguish  a fire,  or  in 
operating  upon  the  same  in  time  of  fire,  shall  drive,  conduct, 
pass  or  propel,  or  cause  to  be  driven,  conducted,  passed  or  pro- 
pelled, any  wagon,  carriage,  horse  car,  street  or  electric  car, 
truck,  engine,  sleigh  or  other  vehicle,  on,  upon  or  over  any  un- 
covered hose  laid  for  use  and  operation,  or  in  use  and  operation 
by  the  fire  department  at  any  fire.  But  when  a fire  is  substan- 


169 


tially  extinguished  or  under  control  and  subjection,  if  it  is  nec- 
essary to  play  upon  and  quench  the  embers  with  a stream  of 
water  conducted  through  a hose  stretched  along  or  across  any 
street,  lane,  alley,  public  square  or  public  thoroughfare,  it  shall 
then  be  the  duty  of  the  chief  engineer  of  the  fire  department,  or 
of  the  official  having  the  charge,  control  and  management  of  the 
fire  companies  and  apparatus  at  any  fire,  to  cover  and  protect 
by  boards  or  other  proper  material,  the  hose  so  in  use,  in  order 
that  public  travel,  traffic  and  business  may  not  be  unduly  sus- 
pended, hindered,  impaired  or  obstructed. 

And  any  violation,  neglect  or  non-performance  of  the  duty 
imposed  by  this  ordinance  upon  any  of  the  officials  of  the  fire 
department,  or  person  in  that  capacity,  shall  be  a violation  of 
this  ordinance,  and  shall  subject  the  violator  to  the  penalty  and 
forfeiture  hereinafter  stated. 

Any  person,  firm  or  corporation  violating  this  ordinance  or 
any  provisions  thereof,  and  any  official  who  shall  neglect  or  fail 
to  perform  his  duty  thereunder,  and  shall  violate  the  same,  shall 
forfeit  and  pay  a penalty  of  not  to  exceed  fifty  dollars  for  each 
offense. 

Ordinance  No.  19. 

No  person  in  shoveling,  plowing,  cleaning  or  removing  in  any 
manner  snow  and  ice  from  and  off  any  sidewalk,  crosswalk,  pav- 
ing, square,  street,  lane,  alley,  roof,  awning  or  other  place  or 
thing  shall  cover  and  conceal  or  leave  covered  and  concealed 
from  view  any  of  the  hydrants  of  the  city.  And  any  person  so 
removing  snow  and  ice  shall  be  careful  to  leave  exposed  and 
easily  accessible  the  hydrants  of  the  city  in  order  that  they  may 
be  quickly  and  readily  discovered  for  practical  uses  and  pur- 
poses in  case  of  necessity  or  emergency. 

Any  person  violating  this  ordinance  shall  forfeit  and  pay 
the  penalty  of  not  to  exceed  fifty  dollars  for  each  offense. 

Ordinance  No.  20 

Sec.  1.  No  person  shall  move,  or  cause  or  permit  to  be  moved, 


170 


any  building  into,  along  or  upon  any  street,  highway,  alley  or 
lane,  without  permission  from  the  Board  of  Public  Works,  under 
a penalty  of  not  to  exceed  twenty-five  dollars  for  each  offense. 

Bee.  2.  No  person  having  permission  from  the  Board  of  Pub- 
lic Works  to  move  a building  into,  along  or  upon  a street,  high- 
way, alley  or  lane,  shall  suffer  or  permit  the  same  to  remain 
therein  for  a longer  period  than  two  days,  under  a penalty  of 
not  to  exceed  twenty-five  dollars  for  each  offense. 

Ordinance  No.  21. 

No  person  shall  erect  or  cause  to  be  erected,  any  building  so- 
as  to  project  over  the  line  of  and  into  any  street  or  alley;  and 
if  any  building  shall  be  found  to  project  over  the  street  or  alley 
line,  the  owner  or  owners,  or  the  persons  causing  it  to  be  erected, 
shall,  within  twenty  days  after  they  shall  be  required  by  the 
mayor  or  chief  of  police,  remove  the  same  under  penalty  of  not 
to  exceed  twenty-five  dollars,  and  the  further  penalty  of  five 
dollars  for  every  twenty-four  hours  the  building  shall  be  suf- 
fered to  remain  over  the  line  of  the  street  or  alley. 

Ordinance  No.  22. 

The  sidewalks  and  crosswalks  of  the  city,  and  the  bridges, 
within  the  city  limits,  being  intended  for  the  public  accommoda- 
tion and  convenience,  shall  be  kept  and  reserved  free  from  all 
obstructions;  and  all  groups  or  assemblages  of  persons  thereon, 
at  any  time,  are  prohibited.  No  person  or  persons  shall  stand 
or  sit  on  such  sidewalks  or  crosswalks,  or  on  any  such  bridge  or 
railing  thereof,  or  occupy  the  same  or  stand,  sit,  congregate  or 
assemble  in  any  hallway,  doorway  or  entrance  to  any  building,, 
so  as  in  any  manner  to  obstruct  the  free  passage  thereon,  or  to 
hinder,  molest  or  annoy  any  person  in  passing  along,  in  or  about 
the  same.  Any  person  violating  the  provisions  of  this  ordinance 
shall  forfeit  and  pay  a penalty  of  not  to  exceed  fifty  dollars  for 
each  violation  thereof. 

Ordinance  No.  23. 

No  person  shall  suffer  any  carriage,  wagon,  cart,  sleigh  or 
sled,  without  horses,  to  remain  or  stand  on  any  street  or  lane 


171 


without  a written  permit  from  the  Board  of  Public  Works,  under 
a penalty  of  not  to  exceed  ten  dollars  for  each  offense. 

Ordinance  No.  24. 

No  person  shall  suffer  any  horse  or  horses  in  any  street  un- 
less they  shall  be  securely  tied,  nor  at  any  time  fasten  any  horse 
or  horses  to  any  porch,  or  in  such  a way  that  they,  or  their  reins 
or  lines,  shall  be  an  obstacle  to  the  free  and  full  use  of  any  side 
or  crosswalk,  under  the  penalty  of  not  to  exceed  ten  dollars  for 
each  offense.  The  person  in  whose  possession  or  use  the  horse 
or  horses  shall  be,  shall  be  deemed  the  offender,  unless  he 
proves  the  contrary,  to  the  satisfaction  of  the  magistrate  before 
whom  he  is  tried. 


Ordinance  No.  25. 

No  person  shall  fasten  a horse,  or  any  other  animal,  to,  or 
shall  climb,  whittle,  bruise  or  otherwise  injure  any  ornamental 
or  shade  tree  in  any  street,  public  square  or  pleasure  ground,  or 
any  protection  around  the  same,  under  the  penalty  of  not  to  ex- 
ceed ten  dollars  for  each  offense,  besides  being  liable  in  dam- 
ages for  the  injury  the  owner  may  sustain. 

Ordinance  No.  26. 

No  carriage,  wagon,  cart,  sled  or  other  vehicle,  shall  be  suf- 
fered by  the  owner  or  driver  thereof  to  remain  upon  any  bridge 
for  a longer  time  than  is  necessary  to  pass  over  the  same,  nor 
shall  any  person  in  any  manner  obstruct  the  free  passage  over 
any  bridge,  under  the  penalty  of  not  to  exceed  ten  dollars. 

Ordinance  No.  27. 

No  person  driving,  or  in  charge  of  any  vehicle,  shall  obstruct 
the  free  passage  by  foot  passengers,  upon  any  crosswalk,  by 
stopping  any  horse  or  horses  or  vehicle  thereon,  under  the  pen-  ' 
alty  of  not  to  exceed  ten  dollars. 

Ordinance  No.  28. 

No  person  shall  back,  drive  or  lead  any  horse  or  horses,  or 
cow  or  cattle,  sheep,  hogs,  or  geese,  wagon,  or  vehicle  of  any 


172 


sort,  over  or  upon  any  sidewalk,  unless  it  be  in  crossing  the 
same  or  to  go  to  or  from  a yard  or  lot  under  the  penalty  of  not 
to  exceed  ten  dollars. 

The  provisions  of  this  ordinance  shall  not  apply  to  baby  car- 
riages or  invalid  vehicles  used  by  persons  who  can  not  walk  by 
reason  of  being  invalids  or  cripples. 

Ordinance  No.  29. 

No  person  shall  ride  or  drive  any  horse  or  horses  in  any  street, 
alley  or  lane,  within  the  “corporation  tax  district”,  faster  than 
at  the  rate  of  ten  miles  per  hour,  under  a penalty  of  not  to  ex- 
ceed fifty  dollars  for  each  offense. 

Ordinance  No.  30. 

No  person  shall  ride,  drive  or  propel  any  bicycle  or  motor- 
cycle in  or  upon  any  street  of  the  city  at  a greater  rate  of  speed 
than  one  mile  in  six  minutes,  under  penalty  of  not  to  exceed 
fifty  dollars  for  each  offense. 

Ordinance  No.  31. 

Sec.  1.  It  shall  be  unlawful  for  any  street  surface  railway 
company  or  the  owner,  operator,  or  any  employe  thereof  to  pro- 
j)el  its  cars  in  or  upon  any  street  or  highway  within  the  “cor- 
poration tax  district”  of  the  city  at  a greater  rate  of  speed  than 
one  mile  in  six  minutes. 

Sec.  2.  No  railroad  company,  agent  or  employe  thereof  or 
other  person,  shall  obstruct  any  street  crossing  or  crossings  by 
any  engine,  car  or  train  of  cars  standing  on  railroad  track  or 
tracks,  at  such  crossings  within  the  “corporation  tax  district,” 
for  a longer  period  of  time  than  six  minutes  consecutively. 

Sec.  3.  A violation  of  any  of  the  provisions  of  this  ordinance 
shall  subject  the  offender  to  a penalty  of  not  to  exceed'  fifty  dol- 
lars. 


Ordinance  No.  32. 

No  goods,  wares  or  merchandise  shall  be  sold  at  auction  in  any 
street  or  public  place  without  permission  of  the  mayor  or  com- 
mon council,  nor  in  front  of  any  house,  store  or  tenement,  with- 
out the  consent  of  the  occupant;  and  the  articles  when  placed  or 
exposed  for  sale  shall  not  occupy  more  than  one-third  part  of 
the  width  of  the  cartway  of  the  street,  under  a penalty  of  five 
dollars.  This  ordinance  shall  not  apply  in  the  case  of  second 
hand  furniture  sold  in  front  of  the  owner’s  dwelling. 

Ordinance  No.  33. 

Goods  may  be  exhibited  by  any  dealer  in  the  streets  in  the 
manner  following,  and  not  otherwise: 

1.  They  may  be  suspended  against  the  front  walls  or  win- 
dows of  a store  below  the  bottom  of  the  sills  of  the  second  story 
windows,  and  so  as  not  to  project  more  than  fourteen  inches 
into  the  street. 

2.  They  may  be  placed  upon  stands  or  tables  extending  not 
more  than  three  feet  from  the  front  of  the  building  on  the  street, 
and  of  a bight  not  exceeding  four  feet. 

3.  They  may  be  placed  upon  the  sidewalk  at  a distance  not 
greater  than  three  feet  from  the  front  of  the  building  on  the 
street. 

Any  violation  of  the  provisions  of  this  ordinance  shall  sub- 
ject the  offender  to  a penalty  of  not  to  exceed  ten  dollars  for 
each  violation. 

Ordinance  No.  34. 

Goods  may  be  packed  or  unpacked  upon  the  sidewalk  in  front 
of  any  building,  in  the  manner  following,  and  not  otherwise: 

1.  The  same  must  be  done  with  reasonable  dispatch,  and  the 
packages  removed  during  the  same  day. 


174 


2.  During  the  time  the  same  is  done,  the  sidewalks  shall  be 
kept  open  for  a passage  for  passengers  at  least  four  feet  wide,. 

Any  violation  of  the  provisions  of  this  section  shall  subject 
the  offender  to  the  penalty  of  not  to  exceed  ten  dollars  for  each 
violation. 


Ordinance  No.  35. 

No  shutter-boxes,  packing-boxes,  tables,  platforms,  bales, 
oasks,  stoves,  iron-castings,  or  wares  of  any  description  (except- 
ing as  by  ordinance  provided),  shall  be  placed,  set  out  or  remain 
upon  the  sidewalk,  or  upon  the  street,  under  the  penalty  of  not 
to  exceed  ten  dollars  for  each  violation. 

Ordinance  No.  36. 

Sec.  1.  Persons  waiting  in  the  vicinity  of  any  railroad  station 
with  any  means  of  conveyance  for  persons  or  baggage,  shall 
place  the  vehicles  in  their  charge  at  such  place  or  places  as  may 
be  designated  by  the  Board  of  Public  Works;  and  they  shall  ob- 
serve and  obey  all  orders  or  directions  concerning  their  location, 
with  a view  to  the  convenience  and  accommodation  ot  the  pub- 
lic, which  may  be  given  by  the  Board  of  Public  Works,  chief  of 
police  or  any  policeman. 

Sec.  2.  Persons  using  carriages  or  vehicles  for  the  convey- 
ance of  passengers  for  hire,  shall  locate  their  carriages  or  vehi- 
cles while  waiting  for  passengers,  at  such  place  or  places  as  may 
be  designated  by  the  Board  of  Public  Works,  and  shall  place 
their  vehicles  or  carriages,  and  shall  be  under  direction  as  pro- 
vided in  section  one  of  this  ordinance. 

Sec.  3.  Cartmen  shall  stand  their  carts,  while  waiting  for 
employment,  at  such  places  as  may  be  designated  by  the  Board 
of  Public  Works. 

Sec.  4.  A violation  of  this  ordinance  shall  subject  the  of- 
fender upon  conviction  to  pay  and  forfeit  a penalty  of  not  to  ex- 
ceed fifty  dollars. 


175 


Ordinance  No.  37. 

No  person  shall  enter  or  drive  into  or  upon  any  public  park 
or  square  in  the  city  of  Rome  with  any  horse,  mule,  or  other  ani- 
mal or  with  any  wagon,  cart,  carriage,  sleigh,  cutter  or  other 
vehicle  whatsoever,  except  for  the  purpose  of  repairing  or  im- 
proving the  same.  For  each  and  every  violation  of  this  ordi- 
nance the  offender  upon  conviction  thereof  shall  forfeit  and 
pay  a penalty  of  not  to  exceed  fifty  dollars  for  each  offense. 

Ordinance  No.  38. 

Bells  of  sufficient  size  and  number  to  attract  attention  shall 
be  attached  to  every  sleigh,  cutter  or  other  vehicle  on  runners, 
driven  into  or  upon  any  street,  highway,  alley  or  lane  of  the 
city  of  Rome  or  to  the  horse  or  horses  attached  thereto.  Every 
person  or  persons  driving  such  sleigh,  cutter  or  vehicle  through 
any  such  streets,  alleys  or  lanes  without  bells  as  aforesaid  shall 
forfeit  and  pay  a penalty  of  not  to  exceed  twenty-five  dollars 
for  each  and  every  offense. 

Ordinance  No.  39. 

The  posting  of  bills  of  any  description,  or  the  erecting  or 
painting  of  signs  of  any  character  on  any  of  the  buildings, 
bridges  or  property  of  the  city,  is  hereby  prohibited,  under  a 
penalty  of  not  to  exceed  fifty  dollars. 

Ordinance  No.  40. 

No  person  shall  erect  or  cause  to  be  erected  any  sign  across 
any  sidewalk,  street  or  alley  without  a written  permission  from 
the  Board  of  Public  Works,  and  if  any  sign  shall  be  found 
across  any  sidewalk,  street  or  alley,  erected  without  such  per- 
mission, the  owner  or  owners  thereof,  or  the  person  causing  it 
to  be  erected,  shall,  within  one  day  after  they  shall  be  required 
by  the  mayor  or  chief  of  police,  remove  the  same,  under  the 
penalty  of  ten  dollars,  and  the  further  penalty  of  three  dollars 
for  every  twenty-four  hours  the  sign  shall  be  suffered  to  remain 
across  the  sidewalk,  street  or  alley. 

Ordinance  No.  41. 

No  person  shall  erect  or  cause  to  be  erected  any  awning  of 


176 


canvas  or  other  material  along*  the  line  of  any  sidewalk,  unless 
the  lower  edge  of  such  awning  shall  be  at  least  six  and  a half 
feet  above  the  surface  of  the  sidewalk.  And  if  any  awning  shall 
be  found  nearer  the  surface  of  the  sidewalk  than  six  and  a half 
feet,  the  owner  or  owners,  or  the  persons  causing  it  to  be 
erected,  shall,  within  one  day  after  the  notification  by  the 
mayor  or  chief  of  police,  remove  the  same  or  otherwise  comply 
with  this  ordinance,  under  a penalty  of  not  to  exceed  twenty- 
five  dollars  and  a further  penalty  of  five  dollars  for  every 
twenty-four  hours  such  awning  shall  be  suffered  to  remain  at 
a height  less  than  six  and  a half  feet  from  the  .surface  of  the 
sidewalk. 


Ordinance  No.  42. 

All  ornamental  and  shade  trees  standing  and  growing  within 
the  lines  of  any  of  the  streets  and  alleys  of  the  city  shall  be 
trimmed  so  that  the  lowest  branches  shall  not  be  less  than  twelve 
feet  from  the  ground.  Every  person  having  and  owning  trees 
which  have  not  been  trimmed  in  accordance  with  the  provis- 
ions of  this  ordinance  shall  forfeit  and  pay  the  penalty  of  five 
dollars  for  each  and  every  week  each  and  every  tree  shall  remain 
untrimmed  after  havng  received  five  days’  notice  to  trim  the 
same  from  the  Board  of  Public  Works. 

In  case  such  person  shall  neglect  or  refuse  to  trim  such  tree 
or  trees  on  being  notified  to  do  so  as  aforesaid,  it  shall  be  the 
duty  of  the  Board  of  Public  Works  to  cause  it  to  be  done,  and  it 
shall  immediately  return  to  the  city  treasurer  an  account  of  the 
work  performed  and  the  expense  thereof,  with  a description  of 
the  lot  and  the  name  of  the  owner  or  occupant,  and  it  shall  be 
the  duty  of  the  city  treasurer  to  present  the  same  for  payment, 
and  in  case  such  owner  or  occupant  shall  refuse  or  neglect  to 
pay  the  same,  he  shall  forfeit  and  pay  a penalty  of  not  to  exceed 
ten  dollars  in  addition  to  the  expense  incurred  as  aforesaid. 

Ordinance  No.  43. 

No  person  shall  place  or  cause  to  be  placed  in  or  upon  any 
street , alley,  sidewalk,  square  or  public  park  any  building  mate- 
rial, boxes,  barrels,  or  other  property,  nor  any  obstruction  to  the 


177 


free  and  perfect  use  thereof  without  a written  permission  from 
the  Board  of  Public  Works  except  as  by  other  ordinances  per- 
mitted under  the  penalty  of  not  to  exceed  fifty  dollars  for  each 
offense.  In  case  any  such  materials,  boxes,  barrels,  property,  or 
obstructions  shall  be  found  in  any  such  street,  alley,  sidewalk, 
square  or  public  park  the  Board  of  Public  Works  may 
cause  the  same  to  be  removed  at  the  expense  of  the  owner,  or 
occupant  of  the  property  fronting  on  the  street  where  said 
materials,  boxes,  barrels,  property  or  obstructions  shall  be.  In 
case  such  owner  or  occupant  shall  refuse  to  pay  the  expense  of 
removal  of  said  materials,  boxes,  barrels  or  obstructions  he 
shall  forfeit  and  pay  for  such  refusal  a penalty  of  $10  in  addi- 
tion to  the  expenses  incurred  by  such  removal. 

Ordinance  No.  44. 

Sec.  1.  The  Board  of  Public  Works  may  grant  permission  in 
writing  to  place  and  keep  building  materials  in  a public  street 
for  a period  not  exceeding  four  months;  but  such  permission 
shall  contain  a condition  that  it  shall  be  void  unless  the  mate- 
rials are  so  placed  that  they  occupy  no  more  than  one-half  the 
sidewalk  and  one-half  the  space  between  it  and  the  center  of  the 
roadway.  The  permission  may  at  any  time  be  revoked  by  the 
Board  of  Public  Works. 

Sec.  2.  Every  person  to  whom  permission  is  granted  pursu- 
ant to  the  provisions  of  this  ordinance,  shall  cause  all  the  mate- 
rials and  rubbish  arising  from  his  occupation  of  the  street,  to  be 
removed  by  the  expiration  of  the  time  limited  by  the  permis- 
sion, or  upon  the  revocation  of  the  permission,  under  a penalty 
of  not  to  exceed  fifty  dollars  and  an  additional  penalty  of  five 
dollars  for  each  forty-eight  hours  such  materials  and  rubbish 
shall  remain  after  the  expiration  of  the  time  limited  by  the  per- 
mission or  revocation  of  the  permission. 

Ordinance  No.  45. 

No  person,  persons  or  corporation,  shall  hereafter  lay  any  gas, 
water,  sewer,  or  other  pipes,  or  make  any  excavation  therefor 
along  the  center  line  of  any  street  in  the  city  of  Rome,  or  within 
five  feet  of  such  center  line  as  established  by  the  records  of  the 


178 


city.  Any  person  Or  corporation  violating  this  ordinance  shall 
pay  and  f 6 refit  the  surh  of  not  to  exceed  fifty  dollars  for  each 
offense. 


Ordinance  No.  46. 

Whenever  permission  is  given  by  the  Board  of  Public  Works, 
to  lay  any  drain,  sewer,  aqueduct  or  gas  or  water  pipe  along  or 
in  any  street,  or  to  make  any  excavation  or  hole  therein,  unless 
the  Board  of  Public  Works  shall  otherwise  direct,  the  same  shall 
be  done  under  the  direction  of  the  Board  of  Public  Works  as  to 
the  time  and  place,  and  said  board  shall  see  that  it  is  so  done 
as  not  unnecessarily  to  hinder  or  obstruct  the  free  use  of  the 
street  or  sidewalk,  and  shall  also  see  that  the  street  is  restored 
to  good  condition  after  the  work  is  done  at  the  expense  of  the 
persons  to  whom  the  permission  is  given.  Any  person  who  shall 
refuse  to  conform  to,  and  obey,  the  orders  and  directions  of  the 
Board  of  Public  Works  in  the  premises,  shall  forfeit  and  pay 
for  each  offense  the  penalty  of  not  to  exceed  fifty  dollars  in 
addition  to  the  expense  incurred  as  aforesaid. 

Ordinance  No.  47. 

Every  owner  or  occupant  of  any  house,  building  or  vacant  lot, 
adjoining  a street  or  alley  which  is  unpaved,  shall  cause  said 
street  or  alley  in  front  of  such  house,  building  or  vacant  lot  to 
be  kept  at  all  times  clean  up  to  the  center  thereof  and  free-from 
all  rubbish,  manure  and  filth,  and  the  gutters  in  front  of  such 
house,  building  or  lot  to  be  kept  clean  and  free  from  all  filth, 
grass,  weeds  and  obstructions  of  any  kind,  by  which  the  natural 
course  of  the  water  through  such  gutters  may  be  obstructed  or 
impeded.  Any  such  owner  or  occupant  failing  to  comply  with 
the  foregoing  requirements  shall  be  liable  to  a penalty  of  not 
to  exceed  ten  dollars  for  each  offense. 

If  the  owner  of  said  premises  shall  fail  to  keep  the  street  or 
alley  adjoining  said  premises  clean,  and  the  gutters  free  from 
obstructions,  it  shall  be  the  duty  of  the  Board  of  Public  Works 
to  cause  said  work  to  be  done,  and  the  expense  thereof  assessed 
against  the  said  preihises,  and  collected  in  the  manner  provided 
by  the  city  charter. 


m 


Ordinance  No.  48. 

It  is  hereby  ordained  that  owners  and  occupants  of  lots  front- 
ing on  any  street,  lane,  or  inhabited  alley  within  the  corporation 
tax  district  of  the  city  of  Rome,  be  and  they  are  hereby  required 
to  keep  the  sidewalks  fronting  their  premises  free  from  ice  and 
snow;  said  walks  to  be  shoveled  off  by  8:30  o’clock  a,  in.,  after 
each  and  every  fall  of  snow  to  the  depth  of  two  inches.  And  in 
case  of  any  person  owning  or  occupying  any  lot  fronting  on  any 
street,  lane  or  inhabited  alley  as  above,  shall  refuse  or  neglect 
to  comply  with  the  requirements  of  this  ordinance,  he  shall  for- 
feit a penalty  of  not  to  exceed  fifty  dollars  for  each  offense.  And 
it  shall  be  the  duty  of  the  city  engineer  to  cause  the  sidewalks 
fronting  the  lots  owned  or  occupied  by  such  person  or  persons 
to  be  shoveled  off  as  herein  provided,  and  the  expense  thereof 
shall  be  assessed  against  and  collected  of  the  owners  or  occu- 
pants of  the  lots  so  shoveled  off  in  the  manner  and  as  provided 
by  the  city  charter. 

It  is  further  ordained  that  owners  of  lots  fronting  on  any 
street,  lane  or  alley,  shall  keep  the  sidewalks  fronting  their 
premises  in  good  repair  under  penalty  of  not  to  exceed  fifty  dol- 
lars for  each  offense.  The  Board  of  Public  Works  shall  have 
power  to  repair  any  sidewalk  when  the  owner  of  the  property 
shall  neglect  to  repair  the  same  for  five  days  (after  written  notice 
to  do  so  has  been  served  on  such  owner  personally  or  left  at  his 
residence,  if  his  residence  be  known,  or  cam  be  ascertained,  or 
otherwise  by  being  left  with  some  occupant  of  the  residence  or 
premises,  or  some  person  in  charge  thereof  as  agent  or  other- 
wise. The  expense  of  such  repairs  shall  be  assessed  and  col- 
lected in  the  manner  provided  therefor  by  the  city  charter. 

Ordinance  No,  49. 

Whenever  the  Board  of  Public  Works  shall  deem  it  necessary 
or  determine  to  pave  or  repave  any  street,  in  or  upon  which 
sewer  or  water  mains  or  pipes  have  been  constructed  or  laid,  or 
otherwise  improve  said  street  or  streets,  by  constructing  or  lay* 
ing  asphalt,  brick,  stone,  wood,  macadam,  tel  ford  or  other  pave- 
ments. or  whenever  the  Board  of  Public  Works  has  declared  its 
7 1 . 1 : ' . : ; 


180 


intention  of  making  improvements  upon  any  of  such  streets,  the 
property  owners  whose  lots  front  or  abut  thereon  who  have  not 
theretofore  properly  connected  said  lots  with  the  sewer  or  water 
main,  shall  within  thirty  days  after  the  service  upon  them  of  a 
notice  requiring  them  to  do  so,  lay  house  connecting  drains  or 
service  pipes  in  the  manner  provided  by  said  Board  of  Public 
Works  from  the  line  of  the  curbing  in  front  of  their  property  on 
streets  to  the  sewer  or  water  main,  connecting  them  therewith; 
and  in  case  said  owners  shall  refuse  or  neglect  to  do  such  work 
and  lav  such  drains  or  pipes  and  make  such  connections  within 
the  time  limited  therefor,  he  or  they  shall  forfeit  and  pay  a pen- 
alty of  not  exceeding  fifty  dollars. 

Ordinance  No.  50. 

No  person,  firm  or  corporation,  unless  acting  under  a contract 
with  the  city,  shall,  under  a penalty  of  not  to  exceed  fifty  dol- 
lars for  each  offense,  remove,  displace  or  injure  any  pavement 
or  crosswalk  on  any  street  of  this  city,  or  make  any  excavation 
or  opening  in  any  of  said  streets  for  the  purpose  of  making  a 
connection  with  or  repairing  any  gas  pipe,  water  pipe,  or  sewer 
without  a permit  in  writing  issued  by  the  Board  of  Public 
Works.  Before  granting  any  such  permit  the  Board  of  Public 
Works  shall  require  the  applicant  to  give  a bond  with  two  sure- 
ties in  such  sum  as  he  may  deem  adequate,  guaranteeing  the 
proper  refilling  of  any  such  excavation  and  guarding  the  same, 
the  proper  replacing  of  any  pavement  or  crosswalk  which  may 
be  removed,  and  the  maintenance  of  the  trench,  pavement  and 
crosswalk  in  a good  condition  for  the  period  of  one  year  and 
further  guaranteeing  that  in  case  any  hole  or  ditch  made  for 
the  purpose  hereinbefore  mentioned  shall  remain  open  at  night 
a sufficient  guard  shall  be  maintained  around  the  same  and  a 
light  or  lights  be  placed  and  kept  burning  during  the  hours  of 
darkness  in  such  a position  or  positions  as  will  sufficiently  light 
up  such  holes  as  to  avoid  danger  of  accident,  and  that  said  appli- 
cant will  save  the  city  harmless  and  indemnify  it  against  all 
loss,  damage  or  other  expense  that  may  arise  by  or  through  any 
neglect  of  such  person,  firm  or  corporation  to  erect  and  maintain 
such  guards  and  lights  or  either  of  them.  The  Board  of  Public 
Works  shall  embody  in  said  permit  such  further  rules  and  regu- 


181 


lations,  as,  in  its  opinion,  may  be  necessary  to  prevent  any 
injury  by  reason  of  sucli  operations  to  any  of  the  streets,  pave- 
ments or  crosswalks  of  the  city.  Provided,  that  if  in  case  of 
emergency,  caused  by  the  breaking  of  a gas  or  water  pipe,  the 
work  of  repair  should  be  commenced  prior  to  the  obtaining  of 
the  permit  hereby  required,  the  penalty  herein  named  shall  not 
be  enforced  if  the  party  making  the  repairs  shall  within  twenty- 
four  hours  after  its  commencement,  make  the  application  and 
furnish  the  bond  herein  required. 

Every  person,  firm  or  corporation  receiving  permission  from 
the  Board  of  Public  Works,  under  the  provisions  of  this  ordi- 
nance, containing  the  conditions  therein  provided,  shall  comply 
wTith  and  keep  such  conditions,  under  the  penalty  of  not  to  ex- 
ceed fifty  dollars  for  each  violation  thereof. 

Ordinance  No.  51. 

No  person  shall  haul  or  transport,  or  cause  to  be  hauled  or 
transported  from  or  through  or  across  any  of  the  streets  within 
the  city  any  gravel,  stone,  sand,  dirt  or  other  substance  in  any 
wagon  or  other  vehicle,  which  is  not  so  constructed  as  to  prevent 
the  material  with  which  it  may  be  loaded  from  dropping,  sifting 
through  or  in  any  manner  being  strewn  upon  any  street,  under 
penalty  of  not  to  exceed  fifty  dollars. 

Ordinance  No.  52. 

No  person,  firm,  association  or  corporation  shall  spill,  pour, 
drop,  throw,  place  or  deposit,  or  cause  or  allow  to  be  spilled, 
poured,  dropped,  thrown,  placed  or  deposited  any  kerosene  oil, 
gasoline,  benzine,  grease,  tar  or  petroleum  or  oil,  or  oily  sub- 
stance or  oily  liquid  of  any  kind  or  description,  or  any  coal  or 
other  nuisance  upon  any  pavemdnt  in  the  city  of  Rome,  and  ail 
oil  delivery  wagons  or  tanks  shall  have  securely  fastened  under 
the  taps  or  faucets  thereunto  attached  an  absolutely  oil  or  water- 
tight lined  box  or  tray,  and  in  filling  any  measure  or  other  ves- 
sel from  said  tap  or  faucet  such  measure  or  other  vessel  must  be 
held  so  that  any  drip  or  overflow  shall  fall  into  said  box  or  tray, 
and  in  removing  the  same  from  over  any  pavement  no  drip  or 
overflow  from  such  measure  or  other  vessel  shall  be  permitted 


182 


to  fall  upon  such  pavement,  and  no  receptacle  for  holding  oil  of 
any  kind  or  description  shall  be  placed  on  any  pavement,  under 
forfeiture  and  penalty  of  not  to  exceed  fifty  dollars  for  each  and 
every  offense. 

Ordinance  No.  53. 

No  person,  firm  or  corporation  shall  place  or  cause  to  be 
placed  in  or  upon  any  sidewalk,  street,  alley,  or  public  square 
any  ashes  or  rubbish  or  any  other  obstruction  to  the  free  use  of 
the  same  by  pedestrians,  wagons,  sleighs  or  other  vehicles,  ex- 
cept that  during  a period  to  be  designated  by  the  Board  of  Pub- 
lic Works  in  each  year.  Ashes  may  be  placed  in  or  upon  the 
streets  and  alleys  in  accordance  with  such  regulations  as  may  be 
adopted  by  the  Board  of  Public  Works  and  not  otherwise.  Any 
pile  of  ashes  or  rubbish  remaining  on  the  streets  or  alleys  after 
the  hour  of  sunset  on  any  day  during  such  period  shall  be  prop- 
erly lighted  and  guarded  by  proper  guards  and  danger  signals 
by  the  person  so  placing  same  on  such  street  or  alley  between 
the  hour  of  sunset  and  the  hour  of  sunrise.  The  period 
during  which  ashes  or  rubbish  may  be  placed  upon  the  streets 
or  alleys  together  with  the  regulations  governing  the  placing  of 
same  on  said  streets  or  alleys  shall  be  duly  published  in  the  offi- 
cial papers  of  the  city  of  Pome  for  such  period  as  the  Board  of 
Public  Works  may  determine.  Every  owner  or  occupant  shall  at 
all  times  be  required  to  keep  the  streets  and  alleys  adjoining  his 
premises  clear  of  ashes  and  rubbish  except  that  during  the 
period  hereinbefore  mentioned  he  shall  keep  them  in  accordance 
with  the  rules  and  regulations  of  the  Board  of  Public  Works. 
Boxes  or  barrels  containing  ashes  or  rubbish  may  be  placed  by 
the  owner  or  occupant  of  any  premises,  on  the  outer  edge  of  the 
sidewalk  or  in  alleys  fronting  the  same,  on  such  days  as  may  be 
specified  by  the  Board  of  Public  Works  for  the  collection  of 
ashes  and  rubbish  on  such  street  or  alleys  or  in  such  district  or 
districts  as  may  be  determined  by  said  Board  of  Public  Works, 
the  contents  of  which  boxes  or  barrels  shall  be  removed  by  the 
street  contractor  or  the  Board  of  Public  Works.  No  owner  or 
occupant  of  any  premises  shall  place  such  boxes  or  barrels  upon 
any  street,  alley  or  sidewalk  at  any  time  other  than  as  speci- 
fied by  the  Board  of  Public  Works,  nor  shall  such  owner  or 


183 


occupant  permit  such  J30x.es  or  barrels  to  remain  upon  such 
street,  alley  or  sidewalk  more  than  three  hours  after  the  con- 
tents thereof  shall  have  been  removed. 

Any  person,  firm  or  corporation  violating  the  provisions  of 
this  ordinance  shall  be  subject  to  a penalty  of  not  to  exceed  fifty 
dollars  for  each  and  every  violation  thereof. 


Ordinance  No.  54. 

No  person  or  corporation  shall  hereafter,  without  due  author- 
ity, destroy,  remove  or  alter  the  position  of  any  monument  or 
other  landmark,  located  in  the  intersection  of  any  street  or 
streets  in  the  city  of  Rome,  under  a penalty  not  to  exceed  fifty 
dollars  for  each  offense. 

Ordinance  No.  55. 

Sec.  1.  No  person  shall  remove,  displace,  or  interfere  with 
any  barricade,  railing  or  protection  around  a defective  place  in 
any  street  or  about  any  trench,  excavation,  repair  or  construc- 
tion work,  or  pavement,  placed  by  or  under  authority  of  the 
Common  Council  or  by  any  authorized  board  or  official  of  the 
city  of  Rome. 

Sec.  2.  No  person  shall  interfere  with,  change  or  alter  the 
pitch,  grade,  level  or  line  of  any  street,  lane,  alley,  square,  side- 
walk or  crosswalk,  or  remove,  alter,  pull  up,  deface  or  other- 
wise interfere  with  any  monument,  stake  or  mark,  or  cause  same 
to  be  done,  which  has  been  set,  fixed  or  placed  by  the  City  Engi- 
neer or  any  other  authorized  official  or  board  of  the  city  of 
Rome. 

Sec.  3.  No  person  shall  ride,  drive  or  lead  any  horse  or  other 
animal  or  propel  any  vehicle  over  any  pavement  in  process  of 
construction  or  reparation  in  any  street  until  such  work  is  com- 
pleted, ready  and  opened  for  the  use  of  the  public. 

Sec.  4.  Any  person  violating  any  of  the  provisions  of  this 
ordinance  shall  forfeit  and  pay  a penalty  of  not  to  exceed  fifty 
dollars. 


184 


Ordinance  No.  56. 

Sec.  1.  No  person  shall  injure,  deface  or  tarnish  any  public 
building,  or  any  property  belonging  to  the  city,  in  any  manner 
whatever,  under  penalty  not  to  exceed  fifty  dollars  for  each 
offense. 

Sec.  2.  No  person  shall  wantonly  or  wilfully  injure,  cut,  de- 
face, tarnish  or  besmear  any  wall,  hydrant,  fountain,  aqueduct, 
or  reservoir,  bridge,  fence,  railing,  building,  house,  or  outhouse, 
or  any  part  thereof,  external,  or  internal,  nor  any  useful  or  orna- 
mental structure,  or  any  shade  tree  or  shrub,  under  penalty  of 
not  to  exceed  fifty  dollars  for  each  offense. 

Ordinance  No.  57. 

No  person  shall  throw,  distribute  or  leave,  or  cause  to  be 
thrown,  distributed  or  left,  or  shall  deposit  in  any  waste  box  or 
other  receptacle  upon  any  of  the  streets,  alleys  or  public  places 
of  the  city,  any  bill,  advertisement,  paper  or  any  waste  paper 
material,  in  such  manner  so  that  the  same  may  be  scattered  or 
left  upon  the  surface  of  any  street,  alley  or  public  place.  Any 
person  violating  this  ordinance  shall  forfeit  and  pay  the  sum  of 
not  to  exceed  fifty  dollars  for  each  and  every  offense. 

Ordinance  No.  58. 

No  person,  firm  or  corporation  shall  permit  or  have  any  offen- 
sive substance,  water  or  other  liquid,  whether  refuse,  or  for  use 
in  any  trade  or  otherwise,  on  his  premises,  or  throw,  deposit  or 
allow  to  run,  or  to  be  thrown  into  any  public  waters,  street  or 
public  place,  lake,  pond,  river  or  stream,  any  offensive  or  dele- 
terious liquid  or  any  g’as,  tar  or  refuse,  or  any  offensive  matter; 
or  foul  or  render  impure  any  natural  stream  of  water  or  fail  to 
use  the  most  approved  and  all  reasonable  means  to  prevent  the 
escape  of  smoke,  gas  and  odors.  A violation  of  this  ordinance 
shall  subject  the  offender  to  a penalty  of  not  to  exceed  fifty 
dollars. 


Ordinance  No.  59. 

Sec.  1.  No  owner  or  occupant  of  any  tenement  or  lot,  shall 


185 


cause,  or  suffer,  or  permit  any  nuisance  to  be  or  remain  in  or 
upon  the  same,  or  between  the  lot  (when  said  lot  adjoins  the 
street)  and  the  middle  of  the  street  adjoining,  under  the  pen- 
alty of  not  to  exceed  fifty  dollars  for  each  offense,  and  the  fur- 
ther penalty  of  five  dollars  for  every  tw^enty-four  hours  the 
same  shall  be  suffered  to  remain  after  notice  to  remove. 

Sec.  2.  No  person  shall  throw,  place  or  deposit,  or  cause  or 
suffer  any  nuisance  to  be  thrown,  placed  or  deposited  in  any 
street,  alley,  sewer  or  elsewhere,  under  a penalty  of  not  to  ex- 
ceed fifty  dollars  for  each  offense. 

Sec.  3.  All  dead  animals,  carrion,  putrid  meat,  spoiled  fish  or 
oysters,  decayed  vegetables,  or  offal  of  any  kind,  and  all  sub- 
stances emitting  a disagreeable,  nauseous  or  unwholesome  odor, 
are  declared  nuisances  within  the  meaning  of  this  ordinance. 

Ordinance  No.  60. 

No  person  shall  cast,  or  throw,  or  cause  to  be  cast  or  thrown 
into  any  drain,  sewer,  or  gutter,  any  straw,  shavings,  wood, 
stones,  shells,  rubbish,  or  any  filthy  or  other  substance  which 
may  cause  an  obstruction,  nuisance  or  injury  thereto,  nor  shall 
any  person  stop  or  divert  the  course  of  any  drain  or  sewer  under 
a penalty  of  not  to  exceed  fifty  dollars  for  each  offense. 

Ordinance  No.  61. 

No  person,  without  permission  from  the  Board  of  Public 
W orks  shall  dig,  remove  or  carry  away  or  cause  the  same  to  be 
done,  any  stone,  earth,  sand  or  gravel  from  any  street,  highway, 
alley  or  square,  where  the  same  shall  have  been  graded  and  com- 
pleted, under  a penalty  or  not  to  exceed  fifty  dollars  for  each 
offense. 


Ordinance  No.  62. 

Sec.  1.  Any  person  owning  or  harboring  any  dog  shall  not 
allow  the  same  to  be  found  at  large  in  any  street,  highway, 
alley,  lane  or  public  place  of  the  city,  without  annually  before 
the  first  day  of  April,  causing  such  dog  to  be  numbered  and 


186 


licensed  for  one  year  by  the  city  clerk  of  said  city;  the  city  clerk 
shall  receive  for  such  service  the  sum  of  one  dollar  for  each  dog, 
and  such  owner  shall  cause  such  dog  to  wear  around  its  peck  a 
collar  which  shall  be  distinctly  marked  with  a registered  num- 
ber tag  to  be  furnished  by  the  city  clerk,  which  shall  be  recorded 
in  a book  kept  by  him;  the  shape  of  said  tags  to  indicate  the 
year  for  which  they  are  issued. 

Sec.  2.  It  shall  be  lawful  for  any  person  to  detain  and  de- 
liver to  the  dog  policeman  or  police  department  any  dog  not 
tagged  as  required  by  this  ordinance,  if  found  at  large  in  any 
street,  highway,  alley,  lane  or  public  place  in  this  city  at  any 
time. 


Sec.  3.  The  Board  of  Police  and  Fire  Commissioners  are 
hereby  authorized  and  directed  to  appoint  a dog  policeman  who 
shall  be  paid  the  sum  of  one  dollar  for  each  dog  detained  by 
him;  the  said  dog  policeman  shall  cause  all  dogs  found  running 
,at  large  in  the  city  without  a collar  marked  and  registered  as 
provided  in  Section  1 to  be  detained  a reasonable  length  of  time 
in  the  custody  of  the  police  department  to  enable  the  owners  of 
such  dogs  to  redeem  them  by  payment  of  a fee  of  two  dollars 
for  each  dog  in  addition  to  the  fee  of  registering;  at  the  end  of 
such  period  all  dogs  remaining  in  the  custody  of  said  depart- 
ment are  to  be  destroyed. 

The  fees  so  received  by  the  city  clerk  and  police  department 
are  to  be  paid  to  the  city  treasurer  and  placed  to  the  credit  of 
the  police  pension  fund.  The  expense  of  executing  and  enforc- 
ing this  ordinance  shall  be  payable  first  out  of  any  moneys  re- 
ceived under  the  provisions  of  this  ordinance. 

Sec.  4.  It  shall  be  unlawful  for  any  person  or  persons  to  take, 
detach,  or  remove  from  the  collar  of  any  dog  the  registered  tag 
herein  specified  under  a penalty  of  not  less  than  five  dollars  or 
more  than  twenty-five  dollars  or  imprisonment  for  a corre- 
sponding number  of  days  in  the  common  jail,  foi\  each  offense. 
Dogs  belonging  to  non-residents  detained  under  this  ordinance 
may  be  redeemed  without  penalty  upon  satisfactory  proof  to 
the  police  department  of  the  non-residence  of  the  owner. 


187 


Ordinance  No.  63. 

No  person,  association,  partnership  or  corporation  shall  vend 
or  seil  or  offer  to  sell  or  hawk  any  goods,  wares  or  merchan- 
dise from  any  stand,  box,  barrel,  cart,  wagon  or  vehicle  of  any 
kind,  or  otherwise,  placed  or  located  upon  any  street,  street 
corner,  intersection  or  public  square  in  the  city  of  Rome;  nor 
shall  any  person,  association,  partnership  or  corporation  trade 
as  a pedler  or  sell  or  offer  to  sell  from  door  to  door  in  said  city 
any  goods,  wares,  merchandise,  products  or  produce  other  than 
family  groceries,  provisions,  farm  and  garden  produce,  without 
first  procuring  a license  so  to  do  from  the  mayor  and  paying 
therefor  for  the  use  of  the  city  the  sum  of  $100.00  per  month. 

A violation  of  any  of  the  provisions  of  this  ordinance  or  fail- 
ure to  comply  therewith  by  any  person,  association,  partner- 
ship or  corporation  shall  subject  the  offender  to  the  payment  of 
a penalty  of  not  less  than  $100.00  nor  more  than  $200.00  for  each 
offense,  and  in  default  of  the  payment  thereof  the  person  con- 
victed shall  be  imprisoned  for  a period  of  not  more  than  sixty 
days. 

Ordinance  No.  64. 

Sec.  1.  No  person  shall  act  as  an  auctioneer  in  the  city  of 
Rome,  except  in  judicial  and  legal  sales,  unless  such  person  shall 
have  complied  with  the  laws  of  the  state  of  New  York  regulating 
auctions  and  auctioneers,  and  shall  also  have  procured  a license 
from  the  mayor  authorizing  such  person  to  act  as  such  auction- 
eer, and  paying  therefor  such  license  fee  as  may  be  fixed  by  the 
Common  Council.  Any  license  granted  as  herein  provided  shall 
expire  at  the  end  of  the  fiscal  year,  unless  otherwise  provided  in 
such  license,  and  the  Common  Council  shall  have  the  right  and 
power  to  revoke  any  license  so  granted  at  any  time.  Nothing 
herein  contained  shall  apply  to  the  sale  by  auction  of  farm  prop- 
erty, real  or  personal,  when  such  sale  shall  be  conducted  on  the 
premises  of  the  owner. 

Sec.  2.  Every  person,  firm  or  corporation,  whether  principal 
or  agent,  entering  into  or  beginning  or  desiring  to  begin  a tran- 
sient retail  business  in  the  city  of  Rome  for  the  sale  of  any 
goods,  wares  or  merchandise  whatever,  whether  the  same  &hall 


188 


be  represented  or  held  forth  to  be  bankrupt,  assignee  about  to 
quit  business,  or  goods  damaged  by  fire,  or  otherwise,  must 
first  take  out  a license  therefor  to  be  issued  by  the  mayor  upon 
the  payment  of  such  license  fee  as  may  be  fixed  by  the  Common 
Council.  Any  license  granted  as  herein  provided  may  be  re- 
voked at  any  time  by  the  Common  Council. 

Sec.  3.  Any  person,  firm  or  corporation  violating  any  of  the 
provisions  of  this  ordinance  shall  forfeit  and  pay  a penalty  of 
not  to  exceed  $50  for  each  offense.  Every  day  the  business  or 
occupation,  as  herein  described,  is  conducted  or  carried  on  with- 
out the  procurement  of  a license  and  payment  of  a license  fee, 
shall  constitute  a separate  offense. 

Ordinance  No.  65. 

Sec.  1.  No  person,  firm  or  corporation  shall  exhibit  free  or 
for  money  any  theatrical  representation,  show,  opera,  circus, 
menagerie,  feats  of  horsemanship,  or  any  animal  or  other  nat- 
ural or  artificial  curiosity,  or  give  any  public  concert,  show,  en- 
tertainment, performance  or  exhibition,  or  conduct  any  merry- 
go-round,  shooting  gallery,  moving  picture  show,  penny  arcade, 
skating  rink,  or  similar  entertainment,  or  rent  or  use  any  tent 
or  building  for  any  of  such  purposes,  without  previously  having 
obtained  a license  from  the  mayor  and  paid  therefor  such  license 
fee  as  may  be  fixed  by  the  Common  Council.  Any  license 
granted  as  herein  provided  may  at  any  time  be  revoked  and 
canceled  by  the  mayor  or  Common  Council,  and  all  licenses 
granted  shall  expire  at  the  end  of  the  fiscal  year  unless  other- 
wise provided  in  such  license. 

Sec.  2.  Any  person,  firm  or  corporation  violating  any  of  the 
provisions  of  this  ordinance  shall  forfeit  and  pay  a penalty  of 
not  to  exceed  $50  for  each  offense,  and  an  additional  penalty  of 
not  to  exceed  $50  for  each  day  such  violation  continues. 

Sec.  3.  The  provisions  of  this  ordinance  shall  not  apply  to 
concerts,  exhibitions,  theatrical  performances  or  entertainments 
given  by  and  under  the  auspices  of  any  church,  religious,  char- 
itable, fraternal,  social  or  labor  organization  or  society  located 
in  the  city  of  Rome. 


189 


Ordinance  No.  66. 

Sec.  1.  No  person,  firm  or  corporation  shall  engage  in,  carry 
on  or  conduct  the  business  or  occupation  of  bill  posting  or  sign 
advertising  or  erect  any  bill  board,  advertising  sign  or  sign 
board  for  advertising  purposes  without  first  obtaining  a license 
therefor  to  be  issued  and  granted  by  the  mayor  on  the  payment 
of  such  license  fees  as  may  be  fixed  by  the  Common  Council. 

Sec.  2.  Any  person,  firm  or  corporation  granted  a license 
as  in  this  ordinance  provided  shall  remove  all  waste  paper  and 
refuse  from  and  about  all  bill  boards  and  other  places  where 
advertising  matter  has  been  posted. 

Sec.  3.  All  licenses  issued  and  granted  as  herein  provided 
shall  expire  at  the  end  of  the  fiscal  year,  unless  otherwise  pro- 
vided in  such  license.  The  mayor  shall  have  power  to  revoke 
and  cancel  any  license  issued  and  granted  by  him  at  any  time 
during  the  term  of  such  license.  The  mayor  or  Common  Coun- 
cil shall  also  have  power  to  direct  and  compel  the  removal  of 
any  and  all  bill  boards  placed  in  or  upon  any  street  or  build- 
ing, highway,  sidewalk,  public  place  or  other  premises. 

Sec.  4.  No  person,  firm  or  corporation  shall  scatter  or  throw 
in  or  upon  any  park,  street,  alley,  lane  or  sidewalk  of  the  city 
posters,  handbills,  advertisements  or  papers  of  any  kind,  or 
shall  attach  to  any  tree,  lamp  post,  electric  light,  telephone, 
telegraph  or  trolley  pole,  hydrant  box  or  barrel  in  or  upon  any 
park,  street,  alley,  lane  or  sidewalk,  or  place  on  any  public 
building  or  property  belonging  to  the  city  any  bills,  notices, 
letters,  pictures  or  characters  of  any  kind  for  the  purpose  of  ad- 
vertising. 

Sec.  5.  Nothing  contained  in  this  ordinance  shall  be  con- 
strued to  prevent  the  posting  of  notices  required  by  law,  or  be 
construed  to  authorize  any  person,  firm  or  corporation  to  ob- 
struct the  streets,  lanes  and  sidewalks  of  the  city,  or  create  any 
nuisance  therein. 

Sec.  6.  Any  hill  board,  advertising  sign  or  sign  hoard  which 


190 


has  been  or  which  may  hereafter  be  erected  or  constructed  in 
violation  of  this  or  any  other  ordinance  shall  be  summarily  re- 
moved by  the  Police  Department  upon  a certificate  of  the 
Board  of  Fire  and  Police  Commissioners  or  of  the  mayor  that 
such  bill  board,  advertising  sign  or  sign  board  has  been  erected 
in  violation  of  this  or  any  other  ordinance,  and  any  person,  firm 
or  corporation  violating  any  of  the  provisions  of  this  ordinance 
or  failing  to  comply  therewith  shall  also  forfeit  and  pay  a pen- 
alty of  not  to  exceed  $50. 

Ordinance  No.  67. 

Sec.  1.  No  wooden  building  or  wooden  roofed  building  shall 
be  erected  within  the  following  parts  of  the  city  to  wit:  Com- 
mencing at  the  intersection  of  the  center  lines  of  Park  and 
North  James  streets,  thence  westerly  along  the  center  line  of 
Park  street  to  the  center  line  of  George  street;  thence  southerly 
along  the  center  line  of  George  street  to  the  center  line  of  John 
street;  thence  along  the  center  line  of  John  street  to  S.  Wash- 
ington street ; thence  southerly  along  the  center  line  of  S.  Wash- 
ington street  to  the  tracks  of  the  R.  W.  & O.  R.  R. ; then  follow- 
ing along  the  tracks  of  said  road  and  N.  Y.  C.  industrial  tracks 
to  the  center  line  of  Mill  street;  thence  northerly  along  the  cen- 
ter line  of  Mill  and  First  streets,  to  a point  200  feet  northerly  at 
right  angles  from  the  northerly  line  of  Dominick  street;  thence 
in  a line  parallel  to  the  center  line  of  Dominick  street  to  the 
Black  River  Canal;  thence  northerly  along  the  Black  River 
Canal  to  the  center  line  of  Liberty  street  extended;  thence  west- 
erly to  the  intersection  of  the  center  line  of  Liberty  and  Spring- 
streets;  thence  northerly  along  the  center  line  of  Spring  street 
to  the  center  line  of  Park  street  to  the  place  of  beginning.  Pro- 
vided, however,  that  the  Board  of  Fire  and  Police  Commission- 
ers may  grant  permission  to  alter,  repair  or  change  any  build- 
ing now  existing  within  the  limits  above  described,  of  such  ma- 
terials and  subject  to  such  conditions,  provisions  and  regula- 
tions as  it  may  determine,  provided  the  same  is  used  exclusively 
for  dwelling  purposes. 

Sec.  2.  All  buildings  or  additions  thereto  within  the  limits 
prescribed  in  Sec.  1 of  this  ordinance  shall  be  made  or  con- 


191 


structed,  repaired  or  rebuilt,  if  requiring  the  same,  by  reason 
of  being  partially  destroyed  by  fire  or  otherwise,  of  stone,  brick 
or  other  fireproof  material,  with  fireproof  partition  walls,  fire- 
proof roofs,  fireproof  cornices  and  eave  troughs,  except  as  here- 
in otherwise  provided. 

Sec.  3*.  No  building  of  any  kind  or  description  shall  be 
erected  or  constructed  within  the  limits  as  prescribed  in  Sec.  1 
of  this  ordinance  unless  the  plans  and  specifications  for  said 
building  shall  first  be  submitted  to  and  approved  by  the  Board 
of  Fire  and  Police  Commissioners,  except  as  herein  otherwise 
provided. 

Sec.  4.  Repealed. 

Sec.  5.  The  Board  of  Fire  and  Police  Commissioners,  the 
Chief  of  the  Fire  Department,  or  any  officer  or  officers,  em- 
ploye or  employes  of  the  Fire  Department,  or  any  person  whom 
said  Board  may  designate  shall  at  all  times  have  power  ana 
authority  to  enter,  visit  and  inspect  any  building  or  premises 
in  the  city  of  Rome  for  the  purpose  of  examining  its  condition 
relative  to  liability  to  fire  or  accident  from  fire,  and  to  ascertain 
whether  proper  precautions  are  taken,  observed,  and  maintained 
against  fire  and  accident  from  fire.  The  said  Board  of  Fire  and 
Police  Commissioners  shall  have  power  to  compel  and  require 
the  owner  or  occupant  of  any  building  or  premises  to  make  such 
additions,  changes,  alterations  or  repairs  thereto,  and  to  keep 
and  install  thereon  such  appliances  and  devices  and  to  take 
such  precautions  as  said  Board  may  deem  and  declare  neces- 
sary to  prevent  fire  or  accident  from  fire. 

Sec.  f>.  No  person  shall  allow  any  article,  material  or  sub- 
stance to  be  stored,  placed  or  kept  within  the  city  limits  which 
shall  be  deemed  and  declared  by  the  Board  of  Fire  and  Police 
Commissioners,  or  the  Chief  of  the  Fire  Department,  to  be  dan- 
gerous to  person  or  property  on  account  of  its  liability  to  fire 
or  explosion.  The  Board  of  Fire  and  Police  Commissioners  or 
the  Chief  of  the  Fire  Department  shall,  in  writing,  notify  the 
person  or  persons,  or  any  of  them,  having  possession  or  control 
thereof,  to  forthwith  remove  the  same,  and  in  case  of  failure  to 
remove  such  article,  material  or  substance,  the  said  Board  of 


192 


Fire  and  Police  Commissioners,  or  the  Chief  of  the  Fire  Depart- 
ment, or  any  person  designated  by  said  Board  or  Chief  of  the 
Fire  Department  shall  remove  the  same. 

Sec.  7.  Any  person,  firm  or  corporation  violating  any  of  the 
provisions  of  this  ordinance  or  failing  to  comply  therewith  shall 
forfeit  and  pay  a penalty  of  not  to  exceed  $50  for  each  offense, 
and  an  additional  penalty  of  not  to  exceed  $50  for  each  day  such 
violation  or  failure  to  comply  therewith  continues. 

Ordinance  No.  68. 

No  person,  firm  or  corporation,  shall  in  any  manner  canvass 
the  city  of  Borne  for  the  purpose  of  making  and  compiling  a 
directory  thereof;  nor  shall  any  person  make,  publish,  compose 
or  deliver  in  the  city  of  Rome,  a directory  purporting  to  con- 
tain a list  of  the  inhabitants  of  said  city  unless  he  or  it  shall 
first  satisfy  the  mayor  of  his  or  its  responsibility,  and  obtain 
his  permit  or  license  in  writing.  Any  person  violating  this  ordi- 
nance, or  any  provision  thereof,  shall  forfeit  and  pay  a penalty 
of  $50  for  each  offense. 

Ordinance  No.  69. 

The  mayor  is  hereby  authorized  to  direct,  by  writing  to  be 
signed  by  him,  any  prosecution  to  be  commenced  and  prosecuted 
to  judgment  against  any  person  in  the  name  of  the  city,  for  a 
violation  of  any  ordinance  or  by-law  of  the  Common  Cbuncil,  or 
other  administrative  board,  any  resolution  having  the  effect  of 
an  ordinance,  or  for  the  recovery  of  any  penalty  or  forfeiture 
imposed  by  any  law  of  the  state,  and  which  may  be  sued  for  and 
recovered  in  the  corporate  name  of  the  city,  and  in  any  such 
action  to  authorize  the  city  attorney,  or  in  his  absence  or  in- 
ability to  act,  any  suitable  person  to  appear  for  the  city  and 
prosecute  the  action  to  judgment;  and  every  direction  and  au- 
thority given  in  accordance  with  this  ordinance,  shall  be  as 
valid  and  effectual  as  if  given  or  conferred  by  an  order  of  the 
Common  Council.. 

Ordinance  No.  70. 

If  any  person  be  adjudged  to  have  violated  any  ordinance, 


193 


by-law  or  regulation  of  the  city  or  any  of  its  public  boards,  the 
city  judge  may  impose  a fine  which  shall  not  exceed  in  each 
case  the  amount  of  penalty  provided  in  such  ordinance,  by-law 
or  regulation,  for  the  violation  thereof,  besides  costs,  and  such 
person  may  be  committed  to  the  county  jail  until  such  fine  and 
costs  be  paid  for  a term  of  not  to  exceed  one  day  for  every  one 
dollar  of  such  fine  and  costs,  and  not  exceeding  a longer  period 
than  fifty  days. 


Ordinance  No.  71. 

No  person  shall  have  or  carry  concealed  upon  his  person,  any 
pistol,  revolver  or  other  firearm,  without  first  obtaining  a writ- 
ten license  therefor,  to  be  issued  and  granted  by  the  city  judge 
upon  the  payment  of  a license  fee  of  $1.  The  city  judge  shall 
on  the  first  day  of  each  month  pay  and  turn  over  to  the  city 
treasurer  all  fees  received  by  him  as  herein  provided.  The  pro- 
visions of  this  ordinance  shall  not  apply  to  the  regular  and 
ordinary  transportation  of  firearms  as  merchandise,  nor  to 
sheriffs,  policemen,  or  to  other  duly  appointed  peace  officers, 
nor  to  duly  authorized  military  or  civil  organizations  when 
parading,  nor  to  the  members  thereof  going  to  or  from  the 
places  of  meeting  of  tlieir  respective  organizations.  Any  per- 
son violating  the  provisions  of  this  ordinance  shall  forfeit  and 
pay  a penalty  of  not  to  exceed  $50. 

Ordinance  No.  72. 

All  persons  riding,  driving  or  motoring  vehicles,  automobiles, 
bicycles  or  conveyances  of  any  kind  or  leading  or  driving 
horses,  or  other  animals,  upon  he  roadways  of  the  city,  shall 
keep  to  the  right  and  as  near  the  curb  or  gutter  of  the  roadway 
as  practicable,  and  shall  pass  vehicles,  automobiles,  bicycles, 
conveyances,  horses  or  other  animals  on  the  left  of  the  vehicle, 
automobiles,  bicycle,  conveyance  or  animals  passed.  In  turning 
corners  to  the  right,  vehicles,  automobiles,  bicycles,  convey- 
ances, horses  or  other  animals  shall  keep  to  the  right  of  the, 
center  of  the  road,  and  as  near  the  curb  or  gutter  as  practicable. 
In  turning  corners  to  the  left  they  shall  pass  to  the  right  of  the 
center  of  intersection  of  the  two  roads  and  shall  keep  as  near  the 
curb  or  gutter  as  practicable.  The  police  department  shall  have 


194 


supervision  and  control  of  traffic  in  all  streets,  highways  and 
roadways  of  the  city,  and  at  entertainments  and  gatherings, 
and  all  persons  riding,  driving  or  motoring  shall  obey  the 
orders  and  directions  of  such  department.  Any  persons  violat- 
ing any  of  the  provisions  of  this  ordinance  shall  forfeit  and  pay 
a penalty  of  not  to  exceed  $50. 

Ordinance  No.  73. 

Sec.  1.  No  person  or  persons,  firm,  corporation  or  co-part- 
nership shall  keep  for  sale,  offer  for  sale,  distribute,  give  away 
or  have  in  his,  its  or  their  possession  any  fireworks  of  any  char- 
acter whatever,  for  use  within  the  city  of  Rome,  which  shall 
contain  dynamite,  giant  powder,  nitro-glycerine,  dualin  or 
other  explosives  more  powerful  than  ordinary  gun  powder. 

No  person  or  persons,  firm,  corporation  or  co-partnership 
shall  keep  for  sale,  offer  for  sale,  distribute  or  give  away  or 
have  in  his,  its  or  their  possession,  or  use  within  the  city  of 
Rome,  any  giant  fire-cracker  or  any  other  fire-cracker  that  is 
likely  to  maim  or  injure  any  person  by  the  explosion  thereof, 
except  Chinese  fire-crackers  not  exceeding  five  inches  in 
length;  nor  shall  any  person  or  persons,  firm,  corporation  or 
co-partnership  keep  for  sale,  offer  for  sale,  distribute  or  give 
away  or  have  in  his,  its  or  their  possession  for  use  within  the 
limits  of  the  city  of  Rome,  any  toy  pistols  or  toy  cannons  of 
any  description  whatever  in  which  powder  of  any  kind  can  be 
exploded,  blank  cartridge  pistols,  toy  cartridge  pistols  or  toy 
revolvers,  repeating  or  booinjack  marbles,  kango  clubs,  or  car 
track  torpedoes,  Vesuvius  torpedoes,  torpedo  canes  or  ammu- 
nition for  torpedo  canes. 

No  person  shall  place  any  torpedo  of  any  description  what- 
ever upon  the  street  car  tracks  or  upon  the  public  streets  of 
the  city  of  Rome. 

Sec.  2.  Any  persons,  firm,  corporation,  co-partnership  vio- 
lating any  of  the  provisions  of  this  ordinance  shall  forfeit  and 
pay  a penalty  of  not  exceeding  $50.00  for  each  offense. 


195 


Ordinance  No.  74. 

The  Rules. 

Rule  1.  Importance  of  keeping  to  the  right,  passing,  turn- 
ing, crossing,  stopping,  and  backing. 

Sec.  1 — A vehicle,  except  when  passing  a vehicle  ahead,  shall 
keep  as  near  the  right  hand  curb  as  possible. 

Sec.  2 — A vehicle  meeting  another  shall  pass  to  the  right. 

Sec.  3 — A vehicle  overtaking  another  shall  pass  on  the  left 
side  of  the  overtaken  vehicle  and  not  pull  over  to  the  right 
until  entirely  clear  of  it. 

Sec.  4 — A vehicle  turning  into  another  street  to  the  right 
shall  turn  the  corner  as  near  the  right  hand  curb  as  practicable. 

Sec.  5 — A vehicle  turning  into  another  street  to  the  left  shall 
turn  around  the  center  of  intersection  of  the  two  streets. 

Sec.  6 — A vehicle  crossing  from  one  side  of  the  street  to  the 
othe  r shall  do  so  by  turning  completely  around  and  heading 
in  the  opposite  direction. 

Sec.  7 — No  vehicle  shall  stand  backed  up  to  the  curb  ex- 
cept when  actually  loading  or  unloading,  and  if  said  vehicle  is 
horse-drawn  and  has  four  wheels,  the  horse  or  horses  must 
stand  parallel  to  the  curb  and  faced  in  the  direction  of  traffic; 
but  no  vehicle  shall  stand  so  backed  up  if  it  interferes  with  or 
interrupts  the  passage  of  other  vehicles  or  street  cars. 

Sec.  8 — No  vehicle,  unless  in  an  emergency  or  to  allow  an- 
other vehicle  or  pedestrian  to  cross  its  path,  shall  stop  in  any 
public  street  or  highway  except  near  the  right  hand  curb  there- 
of and  so  as  not  to  obstruct  a crossing. 

Sec.  9 — No  vehicle  shall  stop  with  its  left  side  to  the  curb. 


196 


Sec.  10 — Before  backing  ample  warning  shall  be  given  and 
while  backing  unceasing  vigilance  must  be  exercised  not  to 
injure  those  behind. 

Rule  2 — Right  of  way. 


Sec.  1 — Police,  fire  department,  U.  S.  mail  vehicles  and  am- 
bulances shall  have  the  right  of  way  in  any  street  and  through 
any  procession. 

Sec.  2 — Subject  to  Sec.  1 of  this  Article,  street  cars  shall  have 
the  right  of  way  between  cross  streets,  over  all  other  vehicles; 
and  the  driver  of  any  vehicle,  proceeding  upon  the  track  in 
front  of  a street  car,  shall  immediately  turn  out  upon  signal  by 
the  motorman  or  conductor  of  a car. 

Sec.  3 — Subject  to  Sec.  1 of  this  Article,  everything  being 
equal,  all  vehicles  and  street  cars  going  in  a northerly  or  south- 
erly direction  shall  have  the  right  of  way  over  all  vehicles 
and  street  cars  going  in  an  easterly  or  westerly  direction. 

Sec.  4 — -No  vehicle  or  street  car  shall  so  occupy  any  street  as  to 
interfere  with  or  interrupt  the  passage  of  other  street  cars  or 
other  vehicles. 

Sec.  5 — The  driver  of  a vehicle,  on  the  approach  of  a fire 
engine  or  any  other  fire  apparatus,  shall  immediately  draw  up 
said  vehicle  as  near  as  practicable  to  the  right  hand  curb  and 
parallel  thereto  and  bring  the  vehicle  which  he  is  driving  to  a 
standstill. 

Sec.  6- — The  driver  of  a street  car  shall  immediately  stop 
said  car  and  keep  it  stationary  upon  the  approach  of  a fire 
engine  or  other  fire  apparatus. 

Rule  3.  Speed. 

Sec.  1 — No  vehicle  shall  proceed  at  any  time  at  a greater 
speed  than  the  law  allows  and  is  safe  and  proper  under  the 
conditions  then  obtaining. 


197 


Sec.  2 — No  vehicle  shall  cross  any  street  running  north  and 
south  or  make  any  turn  at  a speed  which  would  preclude  hav- 
ing the  said  vehicle  under  absolute  control. 

Rule  4.  Control  of  Horses. 

Sec.  1 — No  horse  shall  be  left  unattended  in  any  street  or 
highway  unless  securely  fastened. 

Sec.  2 — No  one  shall  remove  a wheel,  pole,  whiffletree  or  any 
other  part  of  a vehicle  or  any  part  of  a harness,  likely  to  cause 
accident  if  the  horse  or  horses  start,  without  first  unhitching 
the  horse  or  horses  attached  to  said  vehicle. 

Sec.  3 — No  one  shall  cease  to  hold  the  reins  in  his  hand  while 
riding,  driving  or  conducting  a horse. 

Rule  5.  The  Respective  Rights  and  Duties  of  Drivers  and 
Pedestrians. 

Sec.  1 — The  roadbeds  of  highways  and  streets  are  primarily 
intended  for  vehicles,  but  pedestrians  have  the  right  to  cross 
them  in  safety,  and  drivers  of  vehicles  and  street  cars  must  ex- 
ercise all  possible  care  not  to  injure  pedestrians.  Pedestrians 
should,  on  their  part,  never  step  from  the  sidewalk  to  the  road- 
bed without  first  looking  to  see  what  is  approaching  and 
should  not,  needlessly,  interfere  with  the  passage  of  vehicles  or 
street  cars. 

Rule  6.  Obedience. 

Sec.  1 — Drivers  of  vehicles  and  street  cars  must  at  all  times 
comply  with  any  direction  by  voice  or  hand,  of  any  member  of 
the  Police  Force,  as  to  stopping,  starting,  approaching  or  de- 
parting from  any  place;  the  manner  of  taking  up  or  setting 
down  passengers  or  loading  or  unloading  goods  in  any  place. 

Sec.  2.  Ignorance  of  these  rules  shall  furnish  no  excuse  for 
disregarding  them. 


198 


Rule  7.  Any  person,  firm  or  corporation  violating  any  of  tlie 
provisions  of  this  ordinance  shall  forfeit  and  pay  a penalty  of 
not  to  exceed  Fifty  Dollars  for  each  offense. 

Ordinance  No.  75. 

No  person  shall  operate  or  drive  a motorcycle  on  any  side- 
walk within  the  corporation  tax  district  of  the  city  of  Rome. 

No  person  shall  operate  or  drive  a motorcycle  on  any  public 
street  or  highway  of  and  within  the  corporation  tax  district  of 
the  city  of  Rome  at  a greater  rate  of  speed  than  one  mile  in 
four  minutes. 

Every  motorcycle  operated  and  driven  upon  any  public 
street  or  highway  of  the  city  of  Rome,  shall,  during  the  period 
of  one-half  hour  after  sunset  to  one-half  hour  before  sunrise, 
display  a lighted  lamp  on  the  front  of  such  motorcycle,  which 
shall  be  sufficient  to  be  visible  at  least  two  hundred  feet  in  the 
direction  in  which  the  motorcycle  is  proceeding. 

Any  person  violating  the  provisions  of  this  ordinance  shall 
forfeit  and  pay  a penalty  of  not  to  exceed  fifty  dollars  for  each 
offense. 

All  ordinances  and  parts  of  ordinances  of  the  city  of  Rome, 
inconsistent  with  the  provisions  of  this  ordinance,  are  hereby 
repealed. 


Ordinance  No.  76. 

No  person,  firm  or  corporation,  shall  operate  or  drive  a motor 
vehicle  on  any  public  street  or  highway  of  and  within  the  cor- 
poration tax  district  of  the  city  of  Rome,  at  a greater  rate  of 
speed  than  one  mile  in  four  minutes. 

The  Board  of  Public  Works  hereby  is  authorized  and  directed 
to  place  conspicuously  on  each  main  public  highway  where  the 
line  of  the  said  corporation  tax  district  crosses  the  same,  signs 
of  sufficient  size  to  be  easily  readable  by  a person  using  the 


199 


highway,  bearing  the  words  “City  of  Rome.  Slow  down  to  fif- 
teen miles, ” and  also  an  arrow  pointing  in  the  direction  where 
the  speed  is  to  be  reduced. 

Any  person,  firm  or  corporation  violating  the  provisions  of 
this  ordinance  shall  forfeit  and  pay  a penalty  of  not  to  exceed 
fifty  dollars  for  each  offense. 

All  ordinances  and  parts  of,  ordinances  of  the  city  of  Rome, 
inconsistent  with  the  provisions  of  this  ordinance,  are  hereby 
repealed. 


Ordinance  No.  77. 

Sec.  1.  All  persons  driving  or  operating  vehicles  in  or  upon 
the  streets  and  public  places  of  the  city  on  approaching  street 
cars  which  are  proceeding  in  the  same  direction  and  which 
have  stopped,  or  are  about  to  stop,  for  tlie  purpose  of  taking 
on  or  discharging  passengers,  shall  cause  such  vehicle  to  slow 
down  and  be  brought  to  a stop,  and  shall  not  proceed  until 
such  street  shall  be  free  and  clear  of  such  passengers. 

Sec.  2.  Any  person  violating  the  provisions  of  this  ordinance 
shall  be  liable  to  a penalty  of  not  more  than  $25,  or  in  lieu  of 
said  penalty,  liable  to  imprisonment  of  one  day  for  every  dol- 
lar of  penalty  imposed  and  unpaid. 

Ordinance  No.  78. 

Sec.  1.  Every  automobile,  motorcycle  or  other  motor  vehicle 
propelled  by  an  internal  combustion  engine,  when  such  vehicle 
is  on  any  street,  road,  avenue,  alley,  park,  parkway  or  public 
place  within  the  city  limits,  shall  be  equipped  with  a muffler  or 
silencer,  through  which  all  of  the  exhaust  gases  from  the  engine 
will  escape  into  the  atmosphere,  so  as  to  reduce  as  far  as  may 
be  practicable,  the  noise  which  might  otherwise  be  caused  by 
the  escape  of  said  gases. 

Sec.  2.  The  operator  of  any  automobile,  motorcycle  or  other 
motor  vehicle,  wThen  such  vehicle  is  on  any  street,  road,  ave- 
nue, alley,  park,  parkway  or  public  place  within  the  city  limits, 


200 


shall  not  use  any  cut  out,  fitting  or  other  apparatus  or  device 
which  will  allow  the  exhaust  gases  from  the  engine  of  such 
motor  vehicle  to  escape  into  the  atmosphere  without  first  pass- 
ing through  a suitable  muffler  or  silencer  as  described  in  Sec.  1. 

Sec.  3.  Any  person  guilty  of  a violation  of  this  ordinance 
shall  be  liable  to  a penalty  of  not  more  than  $10,  or  in  lieu  of 
said  penalty,  liable  to  imprisonment  of  one  day  for  each  dollar 
of  said  penalty  imposed  and  unpaid. 

Ordinance  No.  79. 

Sec.  1.  There  is  hereby  created  a commission  to  be  known 
as  the  City  Planning  Commission  of  the  City  of  Pome  and  to 
consist  of  seven  members. 

Sec.  2.  The  members  of  such  commission  shall  be  appointed 
by  the  mayor.  The  first  members  of  said  commission  shall  be 
appointed  as  nearly  as  possible  as  follows:  One-third  of  them 
for  a term  of  one  year,  one-third  for  a term  of  two  years  and 
one-third  for  a term  of  three  years,  and  at  the  expiration  of 
such  terms  the  term  of  office  of  their  successors  shall  be  three 
years,  so  that  the  term  of  office  of  one-third  of  such  commis- 
sioners, as  nearly  as  possible,  shall  expire  each  year.  All  ap- 
pointments to  fill  vacancies  shall  be  for  the  unexpired  term. 
Not  more  than  one- third  of  the  members  of  said  commission 
shall  hold  any  other  public  office  in  the  city. 

Sec.  3.  The  members  of  said  commission  shall  receive  no 
compensation  for  their  services. 

Ordinance  No.  80. 

No  person  shall,  within  the  city  of  Rome,  buy  or  sell  any  old 
metal,  rags,  second  hand  articles  or  other  junk,  either  for  him- 
self or  as  an  employe  of  another  or  upon  commission  for  an- 
other or  otherwise;  nor  shall  any  person,  association,  partner- 
ship or  corporation  engage  in  the  business  of  buying  and  selling 
old  metal,  rags,  second  hand  articles  or  other  junk  in  the  city 
of  Rome  without  first  procuring  a license  so  to  do  from  the 
mayor  of  said  city  and  paying  for  the  use  of  said  city  the  sum 
of  $5.00,  which  license  shall  expire  on  June  30th  each  year. 


201 


Any  person,  association,  partnership  or  corporation  violating 
any  of  the  provisions  of  this  ordinance  and  failing  to  comply 
therewith  shall  forfeit  and  pay  a penalty  of  not  to  exceed  $50.00 
for  each  offense. 

Ordinance  No.  81. 

No  goods,  wares  or  merchandise  shall  be  sold  at  public 
auction  within  the  city  of  Rome  unless  the  person  so  selling 
shall  procure  from  the  mayor  a license  and  pay  a fee  therefor 
to  the  city  clerk  of  $100  per  day  and  file  with  the  clerk  a bond 
in  the  penal  sum  of  $1,000,  with  two  sufficient  sureties  to  be 
approved  by  the  mayor,  conditioned  for  the  faithful  observance 
of  the  Laws  of  the  State  of  New  York  and  the  ordinances  of 
the  city  of  Rome  relating  to  auctions  and  auctioneers.  Such 
license  shall  expire  one  year  from  date  of  its  issue  and  shall 
not  be  transferred  without  the  written  consent  of  the  mayor; 
nor  goods,  wares  or  merchandise  be  sold  at  auction  in  front 
of  any  house,  store  or  tenement  without  the  consent  of  the  occu- 
pant. This  ordinance  shall  not  apply  to  the  sale  of  local  grown 
farm  or  garden  produce,  nor  to  the  sale  of  second  hand  furni- 
ture in  front  of  the  owner’s  dwelling,  nor  to  the  sale  by  a pub- 
lic officer  of  property  under  and  by  virtue  of  legal  process  or 
a mortgage.  Neither  shall  it  apply  to  a sale  conducted  by  a 
bona  fide  resident  of  the  city  who  shall  have  first  obtained  the 
consent  of  the  mayor  in  writing  for  such  sale. 

Ordinance  No.  82. 

Sec.  1.  No  person,  association,  partnership  or  corporation 
shall  within  the  city  of  Rome  lay  out,  establish  or  plot  any  par- 
cel or  tract  of  land  until  such  person,  association,  partnershp  or 
corporation  shall  have  made  or  cause  to  be  made  a correct  map 
or  plan  thereof  showing  streets,  blocks  or  lots  proposed  thereon, 
and  such  map  or  plan  shall  have  been  submitted  to  and  ap- 
proved by  the  Board  of  Pubic  Works.  After  the  approval  of 
said  map  or  plan  a copy  thereof  shall  be  forthwith  filed  in  the 
office  of  the  city  clerk  and  also  in  the  office  of  the  county  clerk. 

Sec.  2.  Any  person,  association,  partnership  or  corporation 
violating  any  of  the  provisions  of  this  ordinance  or  failing  to 


202 


comply  therewith  shall  forfeit  and  pay  to  the  city  of  Rome  a 
penalty  of  $500.00. 


Ordinance  No.  83. 

Sec.  1.  There  is  hereby  established  a public  market.  The 
market  shall,  subject  to  the  approval  of  the  Board  of  Public 
Works,  be  located  on  the  westerly  side  of  South  Washington 
street,  between  West  Dominick  street  and  the  Erie  Canal. 

There  shall  be  marked  off  on  the  street  curb  sufficient  stall 
space  eight  feet  in  width  and  these  spaces  shall  be  numbered 
consecutively.  All  stands,  wagons  or  other  vehicles  shall  be 
backed  up  to  the  curb  and  in  no  case  shall  extend  out  into  the- 
street  beyond  the  center  line  thereof. 

Sec.  2.  The  public  market  shall  be  opened  for  the  trans- 
action of  business  every  Tuesday,  Thursday  and  Saturday  in 
each  week  from  June  20th  to  October  20th,  between  the  hours 
of  6 a.  m.  and  9:30  a.  m.  No  dealing  shall  be  allowed  on  the 
market  except  during  market  hours. 

Sec.  3.  Producers  may  sell  on  the  public  market  only  cheese, 
butter,  eggs,  poultry,  fruits,  vegetables,  and  all  other  kinds  of 
farm  and  garden  produce,  excluding,  however,  grain,  flour,  hay, 
straw  and  fodder.  No  person  shall  be  allowed  to  buy  and  re- 
sell in  said  market. 

Sec.  4.  The  market  shall  be  under  the  control  of  the  Com- 
mon Council.  The  city  sealer  of  weights  and  measures  shall 
have  jurisdiction  over  the  market  for  the  purpose  of  examining 
weights  and  measures  and  shall  perform  such  other  duties  and 
employ  such  extra  help  as  the  Finance  Committee  of  the  Com- 
mon Council  shall  direct  in  the  conduct  of  the  business  relating- 
thereto. 


Sec.  5.  Vendors  shall  pay  such  license  fees  as  the  Common 
Council  may  ordain,  which  fees  shall  be  collected  by  the  city 
sealer  of  weights  and  measures,  who  shall  keep  accurate  book 
accounts  of  the  same  and  pay  over  all  moneys  so  collected  to 


203 


the  city  treasurer  and  the  same  shall  he  credited  to  the  general 
fund. 

Sec.  6.  All  refuse  and  debris  resulting  from  operations  on 
the  market  shall  be  cleaned  up  daily  by  the  vendors  using  said 
market  as  soon  as  possible  after  the  closing  hour  of  the  market. 

Sec.  7.  All  vending  of  products,  permitted  to  be  sold  upon  the 
market,  shall  be  prohibited  during  the  hours  when  the  market 
is  open  to  dealers  or  consumers  on  the  city  streets  or  alleys  by 
producers  or  hucksters,  except  those  who  have  regular  pre- 
scribed daily  routes  or  who  supply  regular  customers. 

Sec.  8.  Any  person  violating  this  ordinance  or  any  provision 
thereof  shall  forfeit  and  pay  a penalty  of  $50. 

Sec.  9.  This  ordinance  shall  take  effect  immediately. 

Ordinance  No.  84. 

Sec.  1.  Each  driver  of  a vehicle  used  for  the  conveyance  of 
household  furniture  or  household  goods  in  any  part  of  the  City 
of  Rome,  except  from  a retail  store,  shall  keep  a record  of  the 
place  from  which  and  the  place  to  which  he  moves  any  house- 
hold furniture  or  household  goods  for  any  person  or  persons 
and  the  date  or  dates  of  such  moving.  Such  record  shall  con- 
tain the  street  address  from  which  the  household  furniture  or 
household  goods  were  removed  and  the  street  address  or  place 
to  which  they  were  moved,  and  shall  also  contain  the  name  or 
names  of  the  person  or  persons  for  whom  the  goods  were  re- 
moved and  the  name  or  names  of  the  person  or  persons  to 
whom  the  goods  were  delivered.  Such  driver  shall  file  on  Mon- 
day of  each  week,  except  Mondays  which  are  legal  holidays, 
and  in  that  event  upon  the  next  business  day,  with  the  chief  of 
police  a statement  containing  the  names,  addresses  and  dates 
provided  by  said  record  to  be  kept. 

Sec.  2.  Any  person  violating  this  ordinance  or  any  provision 
thereof  shall  forfeit  and  pay  a penalty  of  $25.00. 


INDEX 

OF  THE 

Rome  City  Charter 


Page- 

Title  I.  Boundaries  and  Civil  Divisions 3 

Title  II.  City  and  Ward  Officers — Their  Election  and  Appointment....  8 

Title  III.  Powers  and  Duties  of  the  Common  Council 14 

Title  IV.  City  Officers — Their  Powers  and  Duties 24 

Title  V.  The  Administrative  Boards 38 

Title  VI.  Of  the  Board  of  Public  Works 40 

Title  VII.  Of  the  Board  of  Water  and  Sewer  Commissioners 46 

Title  VIII.  The  Board  of  Fire  and  Police 57 

Title  IX.  The  Board  of  Health 65 

Title  X.  The  Board  of  Charity 66 

Title  XI.  Of  Taxes  and  Collection  Thereof 68 

Title  XII.  Local  Improvements  and  Assessments  Therefor 89 

Title  XIII.  The  Board  of  Education 107 

Title  XIV.  The  City  Court ...Ill 

Title  XV.  General  Provisions  137 


Section 


ACCOUNTS,  method  of  booking  48 

board  of  audit  may  investigate  60 

accountants  may  be  employed  by  board  of  audit 60 

reports  of  by  boards 72 

reports  of  by  water  and  sewer  board 97 

Actions,  legal,  to  be  in  charge  of  city  attorney 50 

City  may  sue  and  be  sued 1 

commenced  under  former  acts,  how  conducted 303 

boards  can  not  be  sued 74 

claims  on  contracts. 60 

for  collection  of  water  rentals 93 

for  obstructing  or  resisting  firemen 116 

policemen  to  serve  processes  in  certain .120 

fees  to  be  included  in  certain  judgments 123 

city  and  school  taxes  may  be  sued  for 155 


CHARTER  INDEX 

Section 

Actions,  legal,  continued 

for  possession  of  tax-sold  lands 168 

to  annul  local  improvement  assessments  limited 188 

for  violation  of  charter,  ordinances,  rules. . . 251 

pending  in  justice’s  or  recorder’s  court  when  charter  takes  effect. ..  .271 

against  sureties  on  court  clerk’s  bond 277 

negligence  claims  60 

for  property  owners’  neglect  of  sidewalks 87 

for  damage  or  injury  on  streets  and  sidewalks 198 

for  negligence  claims  must  be  made  within  three  months 282 

negligence,  must  be  commenced  within  one  year 282 

certain  fines,  etc.,  go  to  general  city  fund 297 

for  tort  218 

civil,  jurisdiction  of  city  court 214 

constables  not  to  serve  papers  in  certain  actions  or  proceedings 124 

see  also  “city  court.”  “justices  of  the  peace.” 

Affidavits,  of  service  and  publication  of  notices 292 

Aldermen,  general  duties  of 58 

terms  of  fifteen  expire 4 

elective  officers  5 

one  to  each  ward  5 

term  of  office  6 

term  of  first  under  new  charter 7 

fines  may  be  imposed  upon  by  common  council 27 

each  has  one  vote  22 

compensation  21 

may  make  arrests  without  warrants 257 

as  fence  viewers  287 

see  also  “common  council”. 

Amendment  of  ordinances 36 

Appeals  from  local  improvement  assessments  186 

Appointive  officers,  generally  5 

except  engineer  must  be  residents  of  Rome 13 

Appointive  offices,  vacancies  in 10 

removals  from  18 

Appontments,  notices  to  be  served 12 

must  be  made  without  delay 46 

Appropriations,  how  made  by  common  council 39 

how  made  by  boards  70 

Arrests,  by  whom  to  be  made  without  warrants 257 

Ashes,  removal  of  197 

Assistant  chief  engineer,  of  fire  department,  appointment  of 115 

Assistant  chief  of  police,  appointment  of 118 

Assessments,  see  “assessments”  under  “taxes”;  also  under  “street  im- 
provements” and  “storm  water  sewers.” 

Assessment  rolls,  see  “taxes”,  “street  improvements”,  “storm  water  sew- 
ers”. 


2 


CHARTER  INDEX 


Section 


Assessors,  general  duties  of/ 51 

appointive  5 

term  of  office  6 

members  of  board  of  review 61 

to  make  descriptions  of  property  for  unpaid  taxes 157 

to  make  final  revision  of  assessments 157 

to  give  notice  of  final  review  of  assessments 157 

how  to  assess  lands  sold  by  the  city 170 

to  make  description  of  lands  to  be  sold  for  liens 171 

clerk  appointed  by  mayor 76 

duties  in  return  of  jurors 287 

see  also  “taxes”,  “street  improvements”,  “storm  water  sewers”. 

Attorney,  city,  general  duties  of 50 

an  appointive  office 5 

term  of  office 6 

member  of  board  of  review 61 

when  shall  act  as  city  judge 235 

to  conduct  cases  for  violation  of  charter,  ordinances,  rules 251 

may  examine  certain  witnesses  in  city  court 267 

Auction,  sale  of  city  real  estate 39 

Audits,  town,  fund  for  payment  of  151 

Audit,  board  of,  general  duties 60 

Auditors,  town  60 

to  audit  expenses  of  policemen 121 

BAIL,  in  city  court  criminal  cases,  260  to 264 

Ballots,  required  for  special  elections 175 

Banks,  to  be  designated  by  common  council 48 

Bastardy  proceedings,  how  cemmenced 216 

jurisdiction  of  city  court 214 

Bids,  required  for  certain  board  of  public  works  work 85 

for  street  improvement  and  storm  sewers 179 

lowest  bidder  to  be  awarded  contracts 179 

rejection  of  for  street  work  by  board  of  public  works 179 

for  street  cleaning  and  snow  cleaning 197 

for  removal  of  ashes,  garbage  and  rubbish 197 


Board  of  assessors,  see  “assessors”. 

Board  of  audit,  see  “audit”. 

Board  of  canvassers 8 

Board  of  charity,  see  “charity”. 

Board  of  education,  see  “education”,  also  “schools”. 

Board  of  fire  and  police,  see  “fire  and  police”. 

Board  of  health,  “see  health”. 

Board  of  public  works,  see  “public  works”. 

Board  of  review,  see  “review”. 

Board  of  water  and  sewers,  see  “water  and  sewers”. 


Boards  administrative,  general  duties  begin 66 

quarters  for  31 

political  party  affiliations 5 


3 


CHARTER  INDEX 

Section 

Boards  , administrative,  continued 

meetings  and  organization  of  67 

may  audit  and  pay  claims 60 

can  not  be  sued 74 

limitations  as  to  creating  debts  (73)  (288)  281 

limitations  as  to  appropriations 288 

members  of  personally  liable  for  uauthorized  debts,  etc 288 

may  be  investigated  by  mayor 46 

board  of  audit  may  investigate  accounts  of 60 

instructions  from  common  council 40 

may  be  investigated  by  common  council 41 

regulations  of  may  be  enforced  by  common  council 41 

to  elect  presidents  68 

presidents  of  members  of  board  of  audit 60 

presidents  of  may  administer  oaths 290 

compensation  of  members  65 

official  legal  adviser  of 50 

clerks  of  all  but  water  and  sewer  appointed  by  mayor 76 

city  court’s  jurisdiction  over  violation  of  rules  of 236 

actions  for  violations  of  rules,  how  brought 251 

witnesses  before  not  to  be  excused 284 

how  acts  or  resolutions  may  be  read  in  evidence 293 

reimbursements  for  town  or  county  expenditures 299 

may  make  preliminary  or  partial  estimates 148 

to  make  final  estimates  of  expenses  and  income 148 

form  of  and  printing  of  reports 42 

Body  executions  263 

Bookkeeping,  general  method  of  48 

treasurer’s  record  of  assigned  assessments 174 

Books,  to  be  turned  over  to  successors 288 

Bonds  for  raising  money,  issued  for  water  or  sewer  work 91 

for  sanitary  sewer  extensions ! 92 

for  additional  water  supply  (98) 103 

payment  of  interest  and  principal  on  water  and  sewer  bonds 104 

payment  of  principal  of  old  water  and  sewer  bonds 105 

by  authority  of  special  elections 175 

street  improvement,  may  include  storm  water  sewer  expense 182 

paving  bonds;  seal  to  be  used  upon 188 

errors  do  not  invalidate  certain  bonds 196 

on  union  free  school  district. 206 

sinking  fund  for  water  supply  bonds 103 

for  improvement  of  certain  highways 178 

street  improvement  (special  act) 

for  raising  money  for  sewage  disposal  plants 92 

Bonds,  surety,  failure  to  file  causes  vacancy  (63) 20 

must  be  filed  within  ten  days 20 

of  depository  banks  48 

of  city  engineer  54 

of  clerk,  judge,  treasurer  and  constables 63 

of  constables  63 

of  treasurer,  restriction  on  concellation 154 

of  superintendent  of  water  and  sewers 90 

of  policemen  : . . . . 119 

of  clerk  of  city  court 277 

to  accompany  street  improvement  bids 179 

of  street  cleaning  and  ashes  or  garbage  removal  contracts 197 


4 


CHARTER  INDEX 


Section 

Borrowing,  powers  of  common  council  (148) 176 

after  approval  of  preliminary  or  partial  estimate 148 

after  approval  of  final  estimate 148 

in  anticipation  of  collection  of  taxes 148 

in  anticipation  of  special  election  levies 175 

for  additional  poor  funds  136 

for  sewage  disposal  plants  92 

see  also  bonds  (for  raising  money). 

Boundaries,  city  1 

wards  2 

corporation  tax  district  3 

maps  of  54 

Breach  of  the  peace,  trials  and  penalties  for 243 

Bridges,  engineer’s  authority  over  54 

in  charge  of  board  of  public  works  78 

in  charge  of  superintendent  of  highways 5a 

contracts  for  and  duties  of  superintendent  of  highways 5a 

bridge  fund  82 

temporary  repairs  of  197 

CANVASS,  of  election  returns  8 

of  votes  at  special  elections  175 

Casting  vote,  by  president  of  common  council  47 

Certificates,  of  election  8 

of  result  of  special  election  175 

of  appointments  14 

of  land  sold  for  taxes  161 

to  be  issued  for  lands  sold  for  local  improvement  taxes 191 

of  result  of  school  elections  204 

of  conviction  in  criminal  cases  by  city  court  246 

of  tax  sales,  see  “collection* by  sale”  under  “taxes”. 

Challenges,  at  special  elections  175 

Charges,  against  officers  (11)  18 

against  elective  officers  by  mayor  46 

against  policemen  .....119 

against  city  hall  janitor  6 

against  sealer  of  weights  and  measures  6 

Charity,  beard  of,  general  duties  begin  133 

commissioners  appointive  5 

term  of  office  of  commissioners  6 

terms  of  first  commissioners  9 

clerk  of  appointed  by  mayor  76 

has  powers  of  overseers  of  poor  134 

to  choose  a superintendent  of  charities  135 

limit  as  to  expenditures  of  136 

two  charity  commissioners  may  be  women  139 

may  appoint  city  and  other  physicians 140 

annual  estimate  to  be  made  (136)  148 

bastardy  proceedings  before  city  court  214 

for  additional  powers  and  duties,  see  “boards”. 

Charter,  when  it  becomes  operative  4 

actions  for  violations  of,  how  brought  251 

information  from  witnesses  as  to  violations  of  256 

city  has  powers  necessary  to  enforce  279 

documents  from  which  it  may  be  read  in  evidence  ....► 294 

declared  a “public  act”  302 

old  acts,  except  water  and  sewer  lawrs,  repealed  303 

5 


CHARTER  INDEX 


Section 

Checks,  certified,  accompanying  street  cleaning  contracts,  etc 197 

may  accompany  certain  bids  179 

Chief  engineer  of  fire  department,  appointment  of 115 

Chief  of  police,  power  to  appoint  and  duties  118 

Children’s  court  250 

City  attorney,  see  “attorney”. 

City  clerk,  see  “clerk”. 

City  court,  see  “court”. 

City  engineer,  see  “engineer”. 

City  hall,  controlled  by  common  council  31 

expense  of  from  general  fund  31 

janitor  of,  see  “janitor”. 

City  judge,  see  “judge”,  under  “court”. 

City  sealer  of  weights  and  measures,  see  “sealer”. 

City  treasurer,  see  “treasurer”. 

Claims,  against  the  city  60 

for  damage  or  injury  on  streets  or  sidewalks  (282)  198 

Cleaning  streets,  sidewalks,  etc 197 

Clerks,  of  all  boards  but  water  and  sewer  appointed  by  mayor 76 

Clerk  of  city  court,  see  “clerk”  under  “court”. 

Clerk,  county,  to  cancel  certain  tax  sale  certificates 172 

to. record  tax  sale  certificates  and  fees  therefor 161 

Clerk,  city,  general  duties  of 49 

an  elective  office  5 

term  of  office  6 

to  execute  bond  63 

salary  49 

may  appoint  deputy  49 

to  serve  personal  notices  of  appointment  (14)  12 

to  report  neglect  to  qualify  17 

to  certify  ordinances  and  resolutions  28 

to  record  ordinances  38 

to  present  certified  copies  of  ordinances 46 

duties  regarding  claims  against  the  city  60 

to  file  and  record  bonds  of  officers  63 

to  cause  annual  reports  of  boards  to  be  published 72 

to  sign  public  works  warrants  83 

to  sign  sewer  extension  bonds  92 

to  sign  water  extension  bonds  103 

to  sign  warrants  on  fire  and  police  funds  110 

to  sign  warrants  on  health  fund  132 

to  sign  warrants  on  charity  fund  138 

to  copy  and  deliver  assessment  rolls  to  supervisors  ...... 145 

to  extend  taxes  149 

to  deliver  assessment  rolls  to  treasurer  by  July  1 149 

to  sign  tax  warrants  to  treasurer  149 

may  act  for  treasurer  at  tax  sale  162 

to  notify  assessors  of  land  sold  by  city  170 

to  deliver  canvass  of  special  elections  175 

6 


CHARTER  INDEX 


Section 


Clerk,  city,  continued 

to  report  certain  common  council  resolutions  to  board  of  public  works.. 178 


to  execute  paving  bonds  188 

duties  connected  with  estimates  of  board  of  education 206 

to  make  out  assessment  rolls  for  school  taxes  208 

duties  in  return  of  jurors  287 

to  certify  resolutions,  etc.,  as  evidence  293 

to  cause  to  be  published  lists  of  nominations  301 

custodian  of  election  returns  8 

custodian  of  oaths  of  office  12 

custodian  of  oaths  of  policemen  119 

assessment  rolls  to  be  filed  with  143 

corrected  assessment  rolls  to  be  filed  with  144 

assessment  rolls  to  be  returned  to  149 

to  receive  treasurer’s  receipt  for  assessment  rolls  154 

treasurer’s  tax  affidavits  to  be  filed  with  154 

local  improvement  assessment  rolls  to  be  filed  with 185 

appeals  from  local  improvement  assessments  to  be  filed  with 186 

certificates  of  result  of  school  elections  to  be  filed  with 204 

descriptions  and  maps  of  streets,  etc.,  to  be  filed  with 296 


Collection  of  taxes,  see  “taxes”. 

Commissioners  of  charity,  see  “charity”. 

Commissioners  of  fire  and  police,  see  “fire  and  police”. 


Commissioners  of  health,  see  “health”. 


Commissioners  of  highways,  see  “highway  commissioners”. 
Commissioners  of  public  works,  see  “public  works”. 
Commissioners  of  schools,  see  “education,  board  of.” 
Commissioners  of  water  and  sewers,  see  “water  and  sewers”. 


Committees,  special,  appointed  by  common  council  58 

common  council,  committee  chairman  may  administer  oaths .290 

standing,  how  appointed  in  common  council  33 

Common  council,  general  powers  • 34 

how  constituted  21 

president  of  elective  5 

clerk  of  49 

may  designate  city  clerk  to  keep  accounts  49 

as  a board  of  canvassers  8 

may  make  its  own  rules  27 

may  fine  its  own  members 27 

form  of  reports  and  printing  of  same  42 

to  designate  official  papers  42 

may  grant  franchises  within  the  city  44 

may  enlarge  corporation  tax  district  45 

to  designate  banks  as  depositories  and  fix  bonds  48 

may  fix  penalties  for  violation  of  subpoenaes  of  board  of  audit 60 

to  provide  station  house,  etc 126 

power  to  call  and  conduct  special  elections  175 

to  prescribe  seal  for  city  court  275 

negligence  claims  to  be  presented  to 282 

witnesses  before  not  to  be  excused  284 

may  condemn  lighting  plants  286 

chairmen  of  committees  may  administer  oaths 290 

how  acts  or  ordinances  of  may  be  read  in  evidence 293 

7 


CHARTER  INDEX 

Section 

Common  council,  continued 

control  of  finances  and  property  30 

control  of  expenditure  of  boards  30 

control  of  city  hall  31 

purchases  by  authority  of  32 

may  audit  and  pay  claims  60 

to  make  estimates  of  expenses  148 

to  make  levies  by  May  15  148 

to  direct  clerk’s  extension  of  taxes  149 

to  make  settlement  with  treasurer  . 154 

power  to  correct  assessment  rolls  158 

authority  over  lands  bid  in  by  city  at  tax  sale 161 

shall  refund  invalid  tax  sale  payments  169 

to  add  to  assessment  roll  lands  sold  by  city  170 

may  order  sale  of  lands  for  liens  other  than  taxes  171 

to  assess  sums  voted  at  special  elections 175 

may  borrow  after  approval  of  estmates  148 

may  borrow  in  anticipation  of  special  taxes  175 

may  borrow  in  anticipation  of  annual  taxes  176 

may  borrow  to  pay  judgments  176 

limited  as  to  creating  debts  (281)  (288)  177 

to  reimburse  for  errors  in  local  tax  sales  194 

to  reassess  irregular  local  taxes  196 

to  assess  for  deficiency  in  local  improvement  taxes  196 

limitations  upon  appropriations  .288 

members  of  personally  liable  for  unauthorized  debts  288 

instructions  to  boards  and  officers  40 

may  regulate  city  officers  41 

may  investigate  officers  and  boards  41 

may  secure  witnesses  and  evidence  41 

may  enforce  board’s  regulations  41 

authority  over  fees  of  sealer  53 

may  prescribe  fees  of  poundmaster  56 

authority  over  city  hall  janitor  57 

to  regulate  bonds  of  certain  officers  63 

board  of  public  works  to  submit  estimates  to  81 

power  over  estimates  of  board  of  public  works 81a 

to  call  special  election  for  extraordinary  public  works  expenditures...  84 

to  order  sanitary  sewer  extensions  92 

to  provide  for  cost  of  sanitary  sewer  extensions  and  sewage  disposal.  . 92 

may  require  special  water  and  sewer  reports  97 

shall  adopt  plans  for  additional  water  supply  99 

to  issue  bonds  for  additional  water  supply 103 

may  pay  or  retire  old  water  or  sewer  bonds  (103)  105 

to  receive  annual  fire  and  police  estimate  109 

may  authorize  extra  policemen  117 

to  fix  health  officer’s  salary  128 

to  fix  expenditures  of  board  of  health  130 

to  fix  salary  of  superintendent  of  charities  135 

authority  over  charity  funds  136 

may  borrow  for  additional  poor  funds . 136 

to  fix  salary  of  city  physicians  140 

to  levy  taxes  within  corporation  tax  district  146 

board  estimates  to  be  certified  to  148 

to  pass  upon  estimates  in  March  148 

power  to  authorize  street  improvement  178 

kind  of  paving  or  material  subject  to  approval  of  179 

authority  over  storm  water  sew'ers  178 

may  cause  house  connecting  drains  or  pipes  183 

to  issue  paving  bonds  188 

to  act  on  estimate  of  board  of  education  206 


8 


CHARTER  INDEX. 

Section 

Common  council,  continued 

board  of  education  to  propose  bonds  to 206 

board  of  education  reports  to  be  made  to  207 

to  provide  accommodations  and  supplies  for  court  211 

meetings,  how  called  24 

meetings,  notice  of  24 

place  of  meeting  25 

meetings,  regular,  at  least  once  a month  24 

meetings  to  be  public  25 

quorum  ! 23 

vote  of  members  . . . 22 

tie  vote  in  22 

standing  committees,  how  appointed  33 

special  committees,  how  appointed  58 

passage  of  ordinances  and  resolutions  28 

power  to  restrict  by  ordinance  and  scope  of  ordinances  35 

fines  for  violation  of  ordinances,  limited  to  $50  29 

to  pass  ordinances  regarding  fire  regulations  108 

to  provide  for  deficiency  in  sinking  fund  and  interest  on  bonds  103 

may  borrow  after  approval  of  preliminary  or  partial  estimates 148 

may  borrow  after  approval  of  final  estimates  148 

may  make  preliminary  or  partial  levies  148 

shall  issue  bonds  for  improvement  of  certain  highways  178 

to  approve  letting  of  contract  for  street  improvement,  etc 179 

Communications  from  the  mayor  46 

Compensation,  see  “salary”. 

Condemnation,  power  of  board  of  public  works  84 

city  may  acquire  lighting  plants  286 

for  additional  water  supply  101 

power  of  water  and  sewer  board  92 

Constables,  general  duties  and  fees  55 

elective  offices  5 

terms  of  four  expire  4 

term  of  office  6 

to  execute  bonds  63 

not  serve  certain  legal  papers 124 

Contempt,  in  city  court  272 

Contracts,  to  be  signed  by  mayor 46 

seal  to  be  affixed* to  46 

claims  against  the  city  upon  60 

officers  not  to  be  interested  in  62 

engineer  not  to  be  interested  in  54 

those  made  by  boards,  how  executed  75 

by  boards  , liability  for  limited  73 

public  works  bids  required  85 

public  works,  to  be  let  to  lowest  bidder 85 

public  works,  bonds  for  85 

street,  can  not  exceed  estimates  179 

street,  to  be  approved  by  the  common  council  179 

for  street  cleaning,  ashes,  garbage  removal,  etc 197 

for  lighting,  limited  to  five  years  88 

for  additional  water  system  • 102 

for  street  and  storm  sewers  to  lowest  bidder  179 

for  certain  temporary  repairs  by  board  of  public  works  197 

9 


CHARTER  INDEX. 


Section 

Conveyance,  of  tax-sold  lands  167 

evidence  of  regularity  in  tax  sales  167 

of  lands  sold  for  local  improvement  taxes  193 

see  also  “collection  by  sale”  under  “taxes”. 

Corporation  tax  district,  boundaries  3 

enlargement  of  45 

votes  on  additional  water  supply  . . . .' 99 

taxes  to  be  imposed  within  and  outside  of 141 

levies  to  be  made  within  and  outside  of 146 

to  pay  expenses  of  street  work  fronting  public  property 180 

care  and  repair  of  sidewalks  184 

constitutes  union  free  school  district  199 

two  assessors  must  reside  in  51 

highway  taxation  outside  of  79 

water  and  sewer  commissioners  must  reside  in  89 

fire  and  police  commissioners  must  reside  in  107 

for  city  outside  of  corporation  tax  district  see  “town  of  Rome”. 

Costs,  in  city  court  matters  (268) 233 

in  judgments  against  city  or  officers 289 

Council,  common,  see  “common  council”. 

Counsel,  in  city’s  legal  matters  (303)  50 

Country,  city  outside  of  corporation  tax  dist.,  see  “town  of  Rome”. 

County  of  Oneida,  to  reimburse  for  expenditures  for  it 299 

Court,  city  actions  for  construction  of  sidewalk  87 

authority  over  policemen  120 

certain  papers  not  to  be  served  by  constables  124 

title  “City  Court  of  Rome”  209 

when  to  open  for  business  210 

rooms  and  supplies  furnished  by  common  council  (250)  211 

summary  and  bastardy  proceedings,  how  commenced  216 

actions  for  tort  218 

proceedings  and  practice  219 

judgments  219 

counterclaims  (220)  (221)  222 

attorney’s  authority  to  appear  224 

adjournment  when  plaintiff  not  prepared  225 

verification  of  complaints  226 

pleadings  may  be  required  in  writing  226 

failure  to  answer  complaints  226 

rules  of  practice  .• 227 

appeals  from  judgments  (219)  (234)  228 

appeals  in  criminal  actions  241 

opening  defaults  and  setting  aside  judgments  229 

taxpayers  or  inhabitants  not  incompetent  as  judge,  witnesses  or  jurors . 230 

may  adjourn  trials  for  not  more  than  ninety  days 231 

depositions  how  taken  in  actions  232 

costs  and  fees  in  civil  actions  (297)  233 

fees  to  be  collected  and  delivered  to  treasurer  234 

criminal  trials,  how  conducted  237 

trials  for  intoxication  (243)  (239)  240 

trials  for  violation  of  ordinances,  etc 240 

trials  for  disorderly  conduct  or  breach  of  the  peace  (240)  243 

sentences  may  be  at  hard  labor  244 

criminal  judgments  to  be  executed  by  policemen,  sheriff,  etc 245 

vagrancy  and  disorderly  proceedings  249 

30 


CHARTER  INDEX. 

Section 

Court,  city,  continued 

children’s  court  250 

actions  for  violation  of  charter,  ordinances,  rules 251 

warrants  and  summons  (252  to  256)  256 

persons  may  be  required  to  tell  of  violations  256 

answers  to  complaints  2"8 

proceedings  in  arrests  and  upon  summons 258 

bail  (260  to  264)  264 

recognizance  (261)  262 

body  executions  263 

executions  against  sureties  on  bail  bond  264 

executions  on  judgment  for  penalty  265 

fees,  costs  and  charges  in  criminal  matters  (237)  268 

fees,  costs  and  charges  in  criminal  matters  (297)  268 

transfer  of  actions  pending  271 

recorder  and  justices  to  complete  actions  before  them  271 

shall  have  seal;  design  of  same  275 

jurors,  laws  governing  278 

jurisdiction  of  city  court,  civil  and  criminal  209 

over  certain  civil  actions  (236)  214- 

over  proceedings  in  justice’s  court  214 

to  be  exercised  only  in  name  of  the  court  216 

marriages,  solemnization  of  216 

territorial  jurisdiction  217 

when  accounts  of  both  parties  exceed  $1,000  223 

over  criminal  actions  236 

exceptions  in  case  of  certain  liquor  law  violations  236 

over  violation  of  charter,  rules  or  ordinances  236 

how  criminal  trials  may  be  removed  from  238 

trials  in  cases  where  charter  confers  special  jurisdiction  242 

over  charges  of  felony  ' 248 

over  actions  and  proceedings  removed  from  justice’s  court 

forms,  of  summons  (253)  218 

of  warrants  for  charter  violations,  etc 252 

of  undertaking  for  bail  260 

city  judge,  general  duties  of  52 

an  elective  office  5 

term  of  office  6 

to  execute  bond  63 

authority  over  policemen  120 

certain  papers  of  not  to  be  served  by  constables  124 

authorized  to  be  judge  of  city  court  209 

absence  or  disability  of  (212)  (213)  (235)  209 

when  justice  of  the  peace  to  act  as  

jurisdiction  over  actions  and  proceedings  removed  from  justice’s  court. 

qualifications  of  212 

salary  of  212 

to  appoint  a court  clerk  212 

may  issue  summons  218 

may  establish  rules  of  practice  227 

to  demand  fees  for  services  234 

to  certify  court  clerk’s  statement  of  receipts  234 

may  grant  poor  persons  exemptions  from  fees  234 

to  make  certificate  of  absence  or  disability  235 

to  inform  defendants  of  their  rights  239 

to  sign  warrants  of  commitment  in  criminal  cases  245 

may  release  prisoners  and  remit  fines  247 

may  issue  warrants  for  charter  violations,  etc 252 

11 


CHARTER  INDEX. 

Section 

City  judge,  continued 

to  read  complaints  to  accused  258 

to  render  judgment  when  defendant  fails  to  appear  259 

may  adjourn  and  allow  bail  in  trials  of  criminal  cases  260 

may  administer  oaths  and  acknowledge  deeds  266 

may  issue  subpoenas  requested  by  mayor  or  chief  of  police 267 

procedure  upon  forced  testimony  267 

to  account  and  charge  for  criminal  business  against  county  269 

to  keep  a docket  270 

may  preserve  order  and  punish  for  contempt  272 

shall  not  receive  moneys  payable  to  court  274 

to  approve  bond  of  court  clerk  277 

not  incompetent  because  resident  or  taxpayer  283 

special  city  judge,  an  elective  office  5 

term  of  office  6 

to  act  in  absence  or  disability  of  judge  (212)  209 

qualifications  of  212 

compensation  of  212 

absence  or  disability  of  (213)  235 

to  make  certificate  of  absence  or  disability  235 

may  administer  oaths  and  acknowledge  deeds  266 

clerk  of  city  court,  appointment  of  and  salary  212 

powers  in  absence  of  judge  and  acting  judge  213 

may  issue  summons  218 

to  receive  and  deliver  to  treasurer  fees  and  fines  (297)  234 

to  deliver  to  city  clerk  statement  of  moneys  received 234 

to  keep  public  record  of  moneys  received  234 

may  grant  poor  persons  exemption  from  fees  234 

to  certify  to  absence  or  disability  of  judge  and  special  judge 235 

to.  file  with  county  clerk  certificates  of  conviction  .246 

may  issue  warrants  for  charter  violations,  etc 252 

may  administer  oaths  and  acknowledge  deeds  266 

to  attend  court  and  keep  docket  273 

custodian  of  court  seal  (276)  275 

to  give  transcripts  of  judgments  276 

to  give  bond  277 

Court,  justice's,  see  “justice  of  the  peace’'. 

Crosswalks,  street,  expense  of  making  180 

cleaning  snow  and  ice  197 

Curbing,  contracts  for  80 

Curbs,  in  charge  of  board  of  public  works  78 

DAMAGE,  claims  because  of  negligence  60 

willful  to  water  or  sewer  property  94 

claims  caused  by  streets  or  sidewalks  , 198 

claims,  must  be  made  within  three  months  282 

actions,  must  be  brought  within  one  year  282 

Debts,  restrictions  upon  common  council  (281)  (288)  177 

persons  voting  for  unauthorized  debts  personally  liable 288 

can  not  be  contracted  by  engineer  54 

Declination  of  office,  by  failure  to  file  oath 12 

Deeds,  to  be  signed  by  mayor  46 

12 


CHARTER  INDEX. 


Section 

Deficiencies,  in  funds  to  be  supplied  from  general  fund 153 

in  receipts  from  local  improvement  assessments  196 

Depositories  for  city  funds  48 

Deputy,  city  clerk  48 

city  treasurer  49 

Disability  of  mayor  47 

Disorderly  conduct,  trials  and  penalties  for  (240)  243 

proceedings  in  city  court  (240)  249 

Disqualification  for  office  . 19 

EDUCATION,  BOARD  OF,  to  make  estimates  (206)  148 

how  constituted  199 

in  charge  of  schools  in  corporation  tax  district  199 

general  provision  of  boards  apply  (see  also  “boards”)  202 

present  board  continued  in  office  for  existing  terms  203 

elections  for  selecting  members  of  (301)  204 

terms  of  members  of  204 

vacancies,  how  filled  204 

qualifications  of  members  of  204 

may  select,  remove  and  direct  superintendent  of  schools 205 

to  propose  to  common  council  additional  expenditures  206 

to  call  and  conduct  special  money  raising  elections  206 

to  issue  bonds  on  union  free  school  district  206 

to  use  its  own  seal  on  bonds  206 

power  over  expenditures  limited  and  defined  . 206 

to  make  financial  reports  to  common  council  207 

see  also  “schools”. 

Effect,  when  new  city  government  goes  into  4 

Elections,  general  state  law  to  govern  5 

lists  of  nominations  to  be  published  301 

first  under  charter  4 

returns,  filed  with  city  clerk  8 

returns,  canvass  of  8 

certificates  of  election  8 

personal  notice  of  to  officers  elected  12 

qualifications,  common  council  judge  of  its  own  members  27 

for  members  of  board  of  education  204 

for  superintendent  of  highways  5a 

special  for  extraordinary  public  works  expenditures  84 

special,  for  additional  water  supply  99 

special,  to  authorize  extra  school  funds  206 

special,  for  condemning  lighting  plants  286 

special  for  extraordinary  expenditures. 

common  council  may  order  by  two-thirds  vote 175 

common  council  to  make  estimates  of  sums  required  175 

notice  to  be  published  175 

common  council  to  appoint  inspectors  175 

mayor  to  fill  vacancies  among  inspectors  175 

qualifications  of  voters  175 

elections  to  be  by  ballot;  form  of  ballot  175 

polls  open  from  nine  to  four  o’clock  175 

challenges  and  oath  to  be  taken  by  challenged  175 

inspectors  to  canvass  vote  175 

result  to  be  entered  on  common  council  minutes  175 

common  council  to  provide  assessments  175 

13 


CHARTER  INDEX. 

Section 

Elections,  continued 

but  one  election  a year,  except  by  unanimous  consent  of  common 

council  175 

may  provide  for  bond  issues  175 

common  council  may  borrow  in  anticipation  of  levy  175 

to  determine  system  of  taxation  for  highway  purposes 304 

Elective  officers,  except  engineer,  must  be  residents  of  Rome  13 

Elective  offices  5 

vacancies  in,  how  filled  10 

removals  from  11 

Eminent  domain,  power  of  board  of  public  works  84 

power  of  water  and  sewer  board  92 

power  of  for  additional  water  supply  101 

city  may  acquire  lighting  plants  286 

Engineer,  assistant  chief  of  fire  department,  see  “assistant  chief  engineer.” 

Engineer,  chief  of  fire  department,  see  “chief  engineer”. 

Engineers,  may  be  employed  by  water  and  sewer  board  90 

Engineer,  city,  general  duties  54 

term  of  office  6 

need  not  reside  in  the  city  13 

to  make  plans  for  sanitary  sewer  extensions  92 

to  ascertain  lot  frontage  180 

power  to  clean  snow  and  ice  from  sidewalks  184 

to  make  assessments  for  local  improvements  185 

can  not  assess  street  work  when  interested  or  related  to  property 

owners  185 

to  give  notice  of  completion  of  and  hearing  on  local  assessments 185 

to  prepare  specifications  for  street  cleaning,  removal  of  ashes,  gar- 
bage, etc 197 

to  direct  certain  temporary  repairs  197 

street  plans  to  be  filed  with  179 

Equalization,  of  assessment  rolls  145 

Errors  in  general  tax  sales  169 

Errors  in  tax  sales  for  local  improvements  194 

Errors  do  not  invalidate  local  improvement  assessments 196 

Estimates,  to  be  made  by  city  boards  for  current  fiscal  year 148 

to  be  made  by  common  council  for  current  fiscal  year 148 

to  be  published  148 

to  be  passed  upon  by  common  council 148 

annual  by  board  of  public  works  81 

extraordinary  for  board  of  public  works  84 

by  board  of  public  works  for  street  improvement  178 

street  contract  can  not  exceed  179 

for  additional  water  supply  99 

for  deficiency  in  water  revenues  104 

for  deficiency  in  sinking  fund  for  water  supply  bonds  103 

for  sanitary  sewer  extension  and  repair  92 

of  common  council  for  special  elections  175 

of  board  of  education  (148)  206 

annual  of  board  of  health  130 

annual  of  fire  and  police  board  109 

annual  of  board  of  charity  136 


14 


CHARTER  INDEX. 


Section 

Evidence,  common  council  may  require  41 

how  charter  may  be  read  as  294 

how  ordinances,  rules,  etc.,  may  be  read  as  293 

city  maps,  etc.,  as  296 

Excise  law  violations,  city  court  jurisdiction  limited  236 

Excise  receipts,  go  to  police  and  fire  department  fund  110 

Exemption  from  taxation,  of  lands  bid  in  by  city  170 

Executions,  body  263 

against  sureties  on  a bail  bond  264 

upon  judgment  for  penalty  265 

Expenditures,  authority  of  common  council  over  30 

common  council  limited  in  (35)  177 

mayor  may  veto  separate  items  of  46 

by  boards,  majority  vote  required  70 

board  of  public  works  limited  81a 

extraordinary,  special  elections  for,  see  “elections”, 
see  also  “debts”,  “funds”,  “warrants”. 

Expenses  of  policemen,  how  reimbursed  121 

FEES,  of  city  clerk  to  belong  to  city 49 

for  collecting  paving  taxes  188 

of  county  clerk  for  recording  tax  sale  certificates  161 

collected  by  treasurer  to  belong  to  city 151 

for  the  collection  of  taxes  151 

of  treasurer  for  conveying  tax-sold  land  166 

of  treasurer,  for  collecting  local  improvement  taxes  187 

to  be  added  to  taxes  on  property  sold  for  local  improvements 190 

of  freeholders  on  appeals  from  assessments  186 

of  city  court  belong  to  city  234 

of  court  officers  acting  as  notaries  public,  etc 266 

of  city  court  in  criminal  matters  268 

to  be  charged  by  city  court  against  the  county  269 

from  excise  law  go  to  police  and  fire  department  fund  110 

of  policemen  the  same  as  of  constables  118 

of  policemen  may  be  charged  county  or  town  123 

policemen  limited  as  to  charging  121 

conditions  under  which  policemen  may  receive  122 

of  constables  55 

of  sealer  of  weights  and  measures  53 

of  pound  master  56 

none,  except  salaries,  to  be  received  by  officers  62 

to  be  included  in  judgments  in  favor  of  city  123 

in  judgments  against  city  or  officers 289 

of  witnesses  to  violation  of  charter,  ordinances,  rules  256 

Fence  viewers  287 

Finances,  scope  of  authority  of  common  council  over  30 

mayor  to  communicate  to  common  council  regarding 46 

method  of  bookkeeping  48 

Fines,  for  violation  of  ordinances  not  to  exceed  $50  (236)  29 

of  aldermen  27 

for  willful  damage  to  water  or  sewer  property  94 

for  violation  of  water  and  sewer  rules  95 

for  resisting  or  obstructing  firemen  116 

to  be  turned  over  to  treasurer  125 


15 


CHARTER  INDEX. 

Section 

Fines,  continued 

jurisdiction  of  city  court  in  actions  to  recover  (236)  214 

collected  by  city  court,  belong  to  city  234 

for  intoxication,  disorderly  conduct,  breach  of  the  peace  243 

may  be  remitted  by  judge  247 

actions  for,  how  brought  251 

moneys  from  go  to  general  fund  297 

Fire  department,  mayor  executive  head  of  46 

taxes  for  to  be  collected  in  corporation  tax  district  141 

Firemen,  board  of  fire  and  police  may  appoint  and  fix  salaries  .'114 

have  right  of  way  116 

Fire  regulations,  how  made  and  enforced  108 

Fire  and  police,  board  of,  general  duties  begin  107 

commissioners  appointive  5 

terms  of  commissioners  6 

terms  of  first  commissioners  9 

terms  of  commissioners  expire  May  1 107 

commissioners  must  reside  in  corporation  tax  district  107 

clerk  appointed  by  mayor  76 

annual  estimate  to  be  made  (109)  148 

authority  over  fire  and  police  departments  108 

power  to  make  rules  112 

limitations  as  to  expenditures  110 

power  to  appoint  and  remove  its  employes  115 

controls  fire  department  property  113 

power  to  sell  fire  department  property  Ill 

may  appoint  firemen  and  fix  salaries  114 

shall  appoint  chief  engineer  115 

shall  appoint  assistant  chief  engineer  115 

excise  funds  to  go  to  police  and  fire  department  fund  110 

one  policeman  to  1,500  inhabitants,  and  salaries  114 

may  appoint  extra  policemen  117 

may  dismiss  policemen  for  intoxication  117 

may  appoint  special  policemen  117 

shall  appoint  chief  of  police  118 

chief  of  police  to  report  to  monthly  118 

shall  appoint  assistant  chief  118 

shall  appoint  station  keeper  118 

to  approve  bonds  of  policemen  119 

may  remove  policemen  on  charges  119 

to  pay  and  re-collect  expenses  of  policemen  121 

may  charge  county  or  towns  for  police  services  123 

authority  over  policemen  receiving  rewards,  etc 122 

may  recommend  offering  of  rewards  126 

power  to  make  and  enforce  fire  regulations  for  buildings 108 

see  also  “boards”,  “policemen”. 

police  pension  law  page  145 

Fiscal  year,  begins  January  1 177 

all  estimates  to  be  for  current  148 

Fish  Creek,  city  may  take  water  from  (100)  (101)  98 

Franchises  common  council  may  grant  44 

officers  not  to  be  interested  in  62 

Frontage,  to  pay  for  street  improvements  180 

to  pay  for  sidewalk  improvements  184 

engineer  to  ascertain  180 


16 


CHARTER  INDEX. 


Section 

Funds,  to  be  turned  over  to  successors  288 

deficiencies  in,  how  supplied  153 

to  be  used  only  for  specified  purposes  82 

to  be  kept  inviolate  48 

not  to  be  overdrawn  48 

depositories  for  48 

to  be  deposited  daily  48 

interest  on  money  in  banks  48 

treasurer  custodian  of  all  city  moneys  48 

monthly  statements  by  treasurer  48 

annual  statement  by  treasurer  48 

monthly  report  of  warrants  drawn  by  city  clerk  49 

appropriated  by  the  common  council  39 

of  common  council,  how  to  be  paid  43 

those  under  control  of  board  of  public  Avorks  (83)  (151)  82 

payments  froip  public  works  funds  (see  also  “warrants”)  83 

highway  fund,  how  levied  and  collected  79 

highway  fund,  disbursed  by  board  of  public  works  151 

temporary  repairs  from  street  repair  fund  197 

from  paving  bonds,  limitation  upon  use  of  188 

of  water  and  sewer  board  91 

fire  and  police  department  fund  110 

excise  revenues  go  to  police  and  fire  department  fund  110 

police  and  fire  department  fund  110 

rewards  to  be  paid  from  police  and  fire  fund  126 

poor  fund  136 

additional  funds  for  board  of  charity  . . . . 136 

health  fund  131 

school  fund;  to  be  used  only  for  school  purposes  206 

received  by  city  attorney  to  be  paid  to  treasurer 50 

from  which  salaries  of  superintendents  of  boards  shall  be  paid  76 

general  city  fund,  certain  accountants  paid  from  60 

fines,  license  fees  and  other  moneys  go  to  general  city  fund 297 

authorized  by  special  elections,  to  be  used  for  purposes  voted 175 

for  the  payment  of  town  audits  151 

payment  of,  see  also  “warrants”. 

GARBAGE,  removal  of  197 

Gas  pipes,  engineer  to  supervise  laying  of 54 

house  connection  compulsory  for  paving  183 

Government,  city,  when  charter  becomes  operative  4 

Grade  lines,  maps  of  54 

Grading,  contracts  for  80 

see  also  “street  improvements”. 

Guards,  to  protect  street  or  storm  sewer  work  179 

Gutters,  in  charge  of  board  of  public  works  78 

HEALTH,  BOARD  OF,  general  duties  begin  127 

commissioners  appointive  5 

terms  of  office  of  commissioners  6 

terms  of  first  commissioners  9 

one  commissioner  to  be  a physician  127 

general  powers  conferred  129 

annual  estimate  of  (148)  130 

health  fund  131 


17 


CHARTER  INDEX. 

Section 

Health,  board  of,  continued  . 

health  officer,  appointment,  salary  and  term  of  128 

office  attendant  to  act  as  registrar  of  vital  statistics,  when 128 

health  officer,  to  sign  warrants  on  health  fund 132 

health  officer,  can  not  be  city  physician  140 

clerk  of,  appointed  by  mayor  76 

see  also  “boards”. 

Hearings,  on  charges  against  appointive  officers 18 

on  charges  against  elective  officers  11 

on  proposed  street  improvements  178 

on  assessments  for  local  improvements  . 185 

on  appeals  from  local  assessments  186 

of  policemen  on  charges  119 

of  city  hall  janitor  on  charges  6 

of  sealer  of  weights  and  measures  on  charges  6 

H igby-Armstrong  road  law,  applicable  to  Rome 79 

Highway  commissioners,  office  abolished  4 

duties  transferred  to  board  of  public  works  78 

Highway  fund,  how  raised  and  collected  79 

disbursed  by  board  of  public  works 151 

Highways,  in  charge  of  board  of  public  works  78 

in  charge  of  superintendent  of  highways  5a 

assessment  and  taxation  for  (304)  79 

state  aid  law  applicable  to  79 

superintendent  of,  appointment  and  salary  5a 

contracts  for  5a 

water  pipes  may  be  laid  in  100 

taxes  for  to  be  collected  outside  of  corporation  tax  district 141 

taxes  for  to  be  disbursed  by  board  of  public  works  151 

maps  of  296 

certain  may  be  improved  by  board  of  public  works 178 

plans,  etc.,  to  be  prepared  and  approved 178 

expense  of  improvement,  how  provided  for 178 

borrowing  to  pay  city’s  share .• 174 

Hydrants,  engineer  to  supervise  setting  of  54 

see  also  “water  and  sewers” 

ICE  ON  SIDEWALKS,  to  be  removed  by  property  owners  (87) 184 

after  twenty-four  hours  engineer  may  clean 184 

claims  for  damages  on  account  of 198 

cleaning  before  public  property  197 

Indebtedness,  see  “debts.” 

Injunction,  necessary  for  action  to  annul  local  improvement  assessments. . .188 
to  restrain  violation  of  ordinances 37 

Injury,  claims  for  because  of  negligence 60 

claims  for  caused  by  streets  or  sidewalks 198 

time  limit  on  claims  and  actions  for 282 

Inspectors  of  election,  to  file  returns  with  city  clerk 8 

for  special  elections  175 

Interest,  on  money  in  depository  banks 48 

on  water  and  sewer  funds  91 

on  water  supply  bonds  103 

on  water  and  sewer  bonds,  how  paid  104 

18 


CHARTER  INDEX. 

Section 

Interest,  continued 

on  paving  bonds  188 

rate  on  general  tax  sale  certificates 164 

rate  on  local  improvement  taxes  on  tax  sales 190 

Intersection,  street,  expense  of  paving  180 

cleaning  streets,  and  snow  and  ice  on  sidewalks 197 

Intoxication,  proceedings  in  city  court  for  (239)  (240)  243 

Investigations,  of  officers  and  boards  by  mayor 46 

by  common  council  41 

Irregularities,  in  general  tax  sales 169 

in  tax  sales,  for  local  improvements 194 

in  local  taxes,  common  council  to  reassess 196 

JAIL  KEEPER,  to  execute  criminal  judgments 245 

Janitor,  city  hall,  general  duties 57 

appointive  5 

term  of  office  6 

Judge,  city,  see  “judge”  under  “court” 

Judgments,  against  city  or  officers,  costs,  fees,  disbursements 289 

in  favor  of  city,  fees  to  be  included  in  123 

in  suits  for  city  or  school  taxes 155 

common  council  may  borrow  to  pay 176 

rendered  in  city  court 219 

Junctions,  of  streets  or  alleys;  expense  of  street  work 180 

cleaning  streets,  and  snow  and  ice  on  sidewalks 197 

Jurors,  how  drawn  in  city  court 278 

not  incompetent  because  residents  or  taxpayers 283 

return  of  287 

Justice  of  the  peace,  office  abolished  4 

actions  pending  before  271 

laws  apply  to  city  court  219 

jurisdiction  over  actions  transferred  to  city  court 214 

city  court’s  territorial  jurisdiction  217 

city  court’s  powers  over  marriages  216 

Justice  of  the  Peace  (Chapter  393,  Laws  of  1908). 

office  created  

election  and  term  of  office  

shall  have  office  within  city  

jurisdiction  of  

fees  

to  act  as  city  judge  when  designated  

laws  applicable  

appeals  from  judgments  of  

oath  of  office  

actions  or  proceedings  before  may  be  removed  to  city  court 

when  must  make  return  to  city  court  

punishment  for  failure  to  make  return 

powers  and  duties  of  city  court  and  city  judge  remain  unimpaired .... 


LABOR  SYSTEM,  of  highway  taxation  abolished  (304) 


79 


CHARTER  INDEX. 

Section 

Lands  sold  for  taxes,  see“  collection  by  sale”  under  “taxes.” 

Lands  sold  by  city,  to  be  assessed,  etc 170 

Lands  owned  by  city,  exempt  from  taxation 170 

Laws,  powers  conferred  outside  of  charter  retained '. 279 

water  and  sewer  laws  retained 303 

Lawyers,  employment  by  the  city  (303) 50 

Leases,  to  be  signed  by  mayor 46 

money  from  to  be  placed  in  general  city  fund 297 

Legislative  powers,  of  common  council 35 

Leveling  streets,  see  “street  improvements.” 

Levies,  for  taxes,  see  “levies”  under  “taxes.” 

Liability,  power  of  boards  and  officers  limited  (177)  (281)  (288) 73 

can  not  be  contracted  by  engineer 54 

city  has  none  for  special  policemen 117 

Licenses,  to  be  issued  by  mayor  46 

money  from  to  be  placed  in  general  city  fund 297 

liquor  tax  funds  go  to  police  and  fire  department  fund 110 

Liens,  other  than  taxes,  sale  of  lands  for 171 

taxes  a lien  on  real  estate  (196) 156 

Lighting  streets,  in  charge  of  board  of  public  works 78 

contracts  for  by  board  of  public  works 80 

lighting  fund  82 

contracts  for  limited  to  five  years  (177) 88 

taxes  for  to  be  collected  in  corporation  tax  district 141 

each  year’s  expense  of  to  be  paid  annually 177 

plants  for  may  be  condemned  by  city 286 

Lights,  to  protect  street  or  storm  sewer  work 179 

Liquor  tax  law  funds,  see  “excise  receipts.” 

MACADAMIZING,  see  “street  improvements.” 

Maps,  of  streets,  highways,  sidewalks,  sewers,  etc.  (80)  (54) 296 

of  water  and  sewer  mains  to  be  made  by  engineer 54 

Marriages,  power  of  city  judge 216 

Mayor,  general  duties  and  powers  of 46 

an  elective  office  5 

term  of  office  6 

may  be  removed  by  governor  upon  charges 11 

appointments  by  5 

absence  or  disability  of  47 

member  of  board  of  audit  60 

salary  and  limitation  of  (65)  46 

to  appoint  clerks  of  certain  boards  76 

may  remove  appointive  officers  upon  charges  18 

power  to  sign  or  veto  ordinances  and  resolutions  28 

to  designate  boards  to  perform  special  duties  40 

to  direct  sealer  of  weights  and  measures  53 

authority  over  city  hall  janitor  57 


20 


CHARTER  INDEX. 

Section 

Mayor,  continued 

to  sign  sewer  extension  bonds  92 

to  sign  water  extension  bonds  103 

may  offer  rewards  126 

may  appoint  two  women  as  charity  commissioners 139 

to  sign  warrants  to  treasurer  149 

to  execute  paving  bonds  188 

may  make  arrests  without  warrants  257 

may  require  subpoenas  of  city  judge  267 

may  administer  oaths  290 

witnesses  before  not  to  be  excused  284 

Meetings,  of  co,mmon  council,  see  “common  council.” 

of  administrative  boards  67 

Minutes,  of  meetings  of  boards  71 

Mistakes  in  taxes  or  assessments,  see  “irregularities.” 

Mohawk  river,  Rome’s  water  rights  therein  106 

Money  system  of  highway  taxation  (304)  79 

Moneys,  see  “funds”;  also  “warrants.” 

NAMING  STREETS,  in  charge  of  board  of  public  works  78 

Neglect,  of  officers  to  qualify  (12)  17 

Negligence,  claims  against  the  city 60 

to  be  guarded  against  in  street  contracts  179 

claims  for  on  account  of  streets  or  sidewalks  198 

claims,  must  be  made  within  three  months  282 

actions,  must  be  brought  within  one  year  282 

Newspapers,  official,  appointment  of  42 

ordinances  to  be  published  28 

notice  of  sale  of  city  real  estate 39 

notice  to  enlarge  corporation  tax  district  45 

annual  statement  of  treasurer  to  be  published  (72)  48 

annual  reports  of  boards  to  be  published  72 

advertisement  for  bids  on  public  works  required  85 

notice  of  filing  and  inspection  of  assessment  rolls  143 

all  annual  estimates  to  be  published  148 

treasurer’s  notice  of  tax  collection  150 

assessor’s  notice  of  final  review  157 

tax  sale  notice  and  charge  for  same  160 

notice  of  redemption  of  tax-sold  property  165 

notice  of  special  elections  175 

notice  of  hearing  on  street  improvement  .! 178 

notice  for  street  or  storm  sewer  work  bids  179 

notice  of  completion  of  assessments  for  local  improvements  185 

notice  of  treasurer  collection  of  local  improvement  taxes 189 

local  improvement  tax  sale  advertisements  190 

notice  of  redemption  of  local  improvement  tax-sold  land 192 

advertisements  for  street  and  snow  cleaning 197 

advertisements  for  the  removal  of  ashes,  garbage,  etc 197 

city  court  rules  of  practice  to  be  published  227 

affidavits  of  publication  of  notices  292 

lists  of  nominations  to  be  published  301 

Nominations,  for  all  public  offices,  lists  of  to  be  published  301 

21 


CHARTER  INDEX. 

Section 

Notaries  public,  judge,  special  judge,  court  clerk  have  powers 266 

Notice  actual,  must  be  given  as  to  defective  walks,  etc 198 

Notices,  of  appointment  (14)  12 

of  election  (12)  14 

of  sale  of  city  real  estate  39 

to  enlarge  corporation  tax  district  45 

of  filing  and  inspection  of  assessment  rolls  143 

that  treasurer  will  collect  taxes  150 

of  revision  and  review  of  assessments  for  unpaid  taxes 157 

of  tax  sale  160 

of  redemption  of  tax-sold  property  165 

of  special  elections  175 

of  hearing  on  petition  for  street  improvement 178 

for  bids  for  street  or  storm  sewer  work 179 

to  street  railroads  as  to  paving,  etc 181 

to  repair  sidewalks  184 

of  completion  and  hearing  on  assessments  for  local  improvements. ..  .185 

that  treasurer  will  receive  local  improvement  taxes  (189)  188 

of  redemption  of  local  improvement  tax-sold  land  192 

service  of  upon  corporations,  tenants,  etc 291 

affidavits  of  service  and  publication  292 

Numbering  lots  on  streets,  in  charge  of  board  of  public  works 78 

OATHS,  of  office  must  be  taken  and  filed  . .• 12 

of  policemen  119 

of  voters  at  special  elections  *. 175 

of  clerk  of  city  court  213 

may  be  administered  by  judge,  special  judge,  court  clerk 266 

administered  by  mayor,  president  of  common  council  or  committee 

chairmen  290 

false  swearing  under,  perjury  290 

Office,  terms  of,  generally  (see  also  “terms”)  6 

Offices,  no  person  shall  hold  two  13 

Officers,  terms  of,  see  “terms  of  office”. 

elective  5 

appointive  5 

charges  against  (11)  (46)  18 

to  hold  till  their  successors  qualify  15 

may  be  investigated  by  common  council  41 

may  be  investigated  by  mayor  46 

official  legal  adviser  of  50 

board  of  audit  may  investigate  accounts 60 

to  receive  no  compensation  or  advantage  except  salary 62 

Official  newspapers,  see  “newspapers.” 

Oneida  county,  to  reimburse  for  expenditures  for  it  299 

Ordinances,  scope  of  common  council’s  power  to  enact 35 

signed  or  vetoed  by  mayor  28 

passage  over  mayor’s  veto  28 

to  be  published  28 

how  recorded  38 

fines  for  violation  of  not  to  exceed  $50  (236) 29 

violator  may  be  committed  to  jail  for  failure  to  pay  fine  or  penalty.. 236 
can  not  be  passed  on  day  introduced  except  by  unanimous  consent...  39 

22 


CHARTER  INDEX. 

Section 

Ordinances,  continued 

amendment  or  repeal  of  36 

involving  appropriations  by  common  council  39 

mayor’s  duty  to  enforce  . . 46 

regarding  water  and  sewer  pipes  96 

regarding  fire  regulations  108 

common  council  may  pass  to  require  house  connecting  pipes 183 

common  council  may  enforce  obedience  to  29 

common  council  may  pass  to  require  house  connecting  pipes  183 

those  previously  passed  continue  in  force  285 

common  council  in  1904  may  adopt  and  carry  out  charter 285 

injunction  to  prevent  violation  of  37 

prosecutions  for  violations  of  (251)  (236)  (240) 50 

fines,  etc.,  from  to  be  turned  over  to  treasurer 125 

fines  from  go  to  general  city  fund  297 

trials  for  violations  of  .. 240 

jurisdiction  of  city  court  as  to  fines  etc 214 

information  from  witnesses  as  to  violations  256 

witnesses  of  violations  of  not  to  be  excused 284 

testimony  of  witnesses  not  to  be  used  against  them 284 

how  may  be  read  as  evidence 293 

Overseers  of  the  poor,  charity  board  has  powers •. 134 

PAPERS,  to  be  turned  over  to  successors  in  office 288 

official,  see  "newspapers”. 

Parks,  in  charge  of  board  of  public  works , 78 

contracts  for  80 

park  fund  82 

keeping  in  order  and  cleaning  snow  and  ice  197 

temporary  repairs  to  197 

Party  allegiance,  of  members  of  boards  5 

Paving,  contracts  for  80 

engineer  to  supervise  54 

paving  fund  82 

laying  water  and  sewer  pipes  in  connection  with  96 

taxes  for  to  be  collected  in  corporation  tax  district 141 

see  "street  improvements”. 

Pavements,  temporary  repairs  to  197 

Paving  bonds,  how  issued,  sold,  etc 188 

see  "funds”;  also  "warrants.” 

Penalties  for  violating  ordinances  (236)  29 

dismissal  for  intoxicated  policemen  117 

for  policemen  receiving  fees,  rewards  or  presents  122 

see  "fines”. 

Perjury  290 

Pension,  police  law  page  145 

Permits  for  sanitary  sewer  connections  93 

"Person”,  term  includes  persons,  firms,  corporations,  etc 295 

Petitions,  to  board  of  public  works  for  street  improvement 178 

Physicians,  city  and  ward,  appointment,  term  and  salary  of 140 

one  commissioner  of  health  must  be  a physician  127 

23 


CHARTER  INDEX. 

Section 

Plans  for  street  improvement  by  board  of  public  works  178 

for  street  work  filed  with  engineer  179 

Police,  mayor  executive  head  of  46 

chief  of,  appointment  and  duties  118 

earnings  go  to  police  and  fire  department  fund  110 

chief  may  require  subpoenas  by  judge  267 

commissioners,  see  “fire  and  police”. 

Police  pension  law  page  145 

Policemen,  terms  of  119 

one  to  every  1,500  inhabitants  114 

extra  and  special  may  be  appointed  117 

limitations  as  to  fees  121 

shall  take  oath  and  execute  bond  119 

services  may  be  charged  county  or  towns  123 

conditions  of  receiving  fees,  presents  or  rewards  122 

necessary  expenses  of,  how  paid  121 

dismissal  as  penalty  for  intoxication  117 

charges  against,  dismissal  119 

have  powers  and  liabilities  of  constables  120 

shall  execute  orders  of  city  judge  120 

shall  serve  civil  processes  in  city  actions  120 

to  execute  criminal  judgments  * 245 

may  serve  summons  254 

to  make  arrests  without  warrants  257 

may  examine  certain  witnesses  in  city  court  267 

police  pension  law  145 

Polls,  for  special  elections  175 

school  elections  time  of  opening  and  closing  ' 204 

Poor,  care  of  (see  also  “charity”)  134 

regular  and  additional  funds  for  136 

physicians,  appointments,  etc 140 

Poor  person,  may  be  exempt  from  city  court  fees  234 

Pound  master,  general  duties,  fees,  etc 56 

an  appointive  office  5 

term  of  office  6 

Powers  additional  to  charter  1 

city  has  those  necessary  to  charter  enforcement 279 

conferred  on  city  by  other  laws  retained  279 

of  water  and  sewer  laws  retained  303 

President  of  common  council,  general  duties 47 

an  elective  office  5 

term  of  office  6 

absence  of  26 

member  of  board  of  audit  60 

member  of  board  of  review  61 

limitation  of  salary  (47)  65 

shall  preside  at  common  council  meetings  21 

has  casting  vote  in  case  of  tie  vote  22 

to  appoint  standing  committees  33 

to  sign  record  of  ordinances  38 

to  sign  subpoenas  of  common  council  41 

to  sign  warrants  on  common  council  funds  43 

may  administer  oaths  290 

certain  resolutions  of  board  of  education  to  be  certified  to 206 


24 


CHARTER  INDEX. 


Section 

Property,  how  the  city  may  acquire  • •••  1 

city,  control  of  by  common  council  30 

city,  lease  and  sale  of  39 

injury  to  water  or  sewer  property 94 

fire  and  police  board  may  sell  fire  department  property  Ill 

of  fire  department  controlled  by  fire  and  police  board 113 

sold  for  taxes,  see  “collection  by  sale”  under  “taxes”. 

city,  to  be  turned  over  to  successors  in  office  288 

Property  owners,  petitions  for  street  improvement  178 

Proposals,  see  “bids.” 

Portests,  against  street  improvement  178 

Public  act,  charter  so  declared  302 

Public  works,  board  of,  general  duties  begin  77 

commissioners  of  appointive  5 

terms  of  commissioners  6 

terms' of  first  commissioners  9 

public  works  fund  82 

superintendent  of  80 

funds  under  control  of 83 

must  advertise  for  bids  for  construction  of  new  work 85 

contracts  shall  be  let  to  lowest  bidder  85 

clerk  appointed  by  mayor  76 

estimates  of  to  common  council  (148)  81 

to  appoint  and  direct  the  city  engineer  54 

may  hire  assistants  to  engineer  54 

to  fix  engineer’s  salary  and  bond  54 

to  control  engineer’s  records  54 

power  to  acquire  lands,  etc 84 

special  powers  enumerated  80 

authority  over  water  and  sewer  pipes  96 

nas  power  of  highway  commissioners  78 

to  determine  highway  taxes  (137)  79 

to  disburse  taxes  collected  for  highways  151 

to  receive  and  act  on  street  improvement  petitions  178 

to  give  hearings  on  street  improvement  178 

to  receive  and  act  upon  protests  178 

protest  by  owners  of  majority  of  frontage  178 

to  present  plans  and  estimates  to  common  council  178 

common  council  resolutions  to  go  on  minutes  178 

to  act  on  storm  water  sewers  178 

plans  to  be  filed  with  the  engineer  179 

street  improvement  bids  and  action  thereon  179 

letting  of  street  contracts  179 

to  make  assessments  for  street  work  180 

to  prescribe  and  direct  paving  by  street  railroads  181 

may  cause  house  connecting  drains  and  other  pipes  183 

power  and  duties  in  construction  and  care  of  sidewalks  184 

to  send  bills  for  sidewalk  repair  and  cleaning  184 

to  direct  engineer  to  make  assessments  185 

to  give  hearing  on,  correct,  sign  and  file  assessment  rolls  185 

to  hear  and  determine  appeals  from  assessments  186 

to  appoint  freeholders  to  determine  certain  appeals  186 

to  attach  warrants  and  deliver  assessment  rolls  187 

to  certify  to  common  council  unpaid  paving  taxes  188 

to  provide  for  cleaning  streets  before  public  property 197 

to  provide  for  removing  ashes,  garbage  and  rubbish  197 

to  direct  repairs  to  streets,  bridges,  sidewalks,  etc 197 

25 


CHARTER  INDEX. 


Section 


Public  works,  board  of,  continued 

may  improve  certain  highways,  roads  and  streets  subject  to  approval 


of  common  council  178. 

shall  cause  plans,  etc.,  to  be  prepared  and  presented  to  common  coun- 
cil   178 

may  require  common  council  to  issue  bonds  for  improvement 178 

authority  over  streets,  see  “streets.” 


authority  over  street  improvement,  paving,  etc.,  see  “street  improve- 
ments.” 

authority  over  bridges,  see  “bridges.” 

authority  over  parks,  see  “parks.” 

lighting  contracts,  funds,  etc.,  see  “lighting.” 

autnority  over  storm  -water  sewers,  see  “storm  water  sewers.” 

authority  over  sidewalks,  see  “sidewalks.” 

authority  over  paving,  see  “paving.” 

see  also  “boards.” 


Purchase,  authority  to  make  32 

power  of  officers  limited  73 

no  officer  to  be  personally  interested  in  62 

QUALIFICATIONS,  of  city  officers,  generally  13 

common  council  judge  of  its  own  members 27 

of  city  attorney  50 

of  water  and  sewer  commissioners  89 

women  may  be  charity  commissioners  139 

of  city  judge  212 

of  court  clerk  / 212 

Qualifications  of  voters,  for  city  officers  16 

at  special  elections  175 

at  school  elections  204 

Qualifying  for  office,  and  neglect  to  do  so  (17)  12 

Quorum,  of  common  council  23 

of  administrative  boards  70 

RAILWAYS,  STREET,  cost  of  street  improvement  178 

to  pave  and  repair  between  and  outside  of  tracks  181 

existing  agreement  not  repealed  181 

Real  estate,  city,  sale  or  lease  of  39 

general  taxes,  etc.,  a lien  upon 156 

sale  of  for  taxes,  see  “collection  by  sale”  under  “taxes.” 

taxes  for  local  improvement  a lien  upon  196 

Receipts  to  be  given  by  treasurer  for  tax  payments  152 

to  be  given  by  treasurer  for  tax  rolls  154 

Recorder,  office  abolished  4 

actions  pending  before  271 

Records,  common  council  has  access  to  41 

of  city  clerk  to  be  public  49 

chief  of  police  to  keep  118 


Redemption  of  lands,  sold  for  general  taxes,  see  “redemption”  under  “taxes.” 
sold  for  local  improvement  taxes  (see  also  “street  improvements”) ..  192 

Regulations,  see  “rules.” 

Rejection  of  bids,  on  street  work,  etc 179 


26 


CHARTER  INDEX. 


Section 

Removals,  from  elective  office  . . . . H 

from  appointive  office  18 

of  residence  of  officers  from  the  city  or  a ward  13 

of  fire  and  police  employes  115 

for  removal  of  others  see  “terms.” 

Rentals  for  water,  how  established 93 

proceeds  of  how  expended  104 

Repairs,  temporary,  to  streets,  parks,  sidewalks,  bridges,  etc 197 

to  school  buildings  or  grounds  • -206 

Repaving,  see  “street  improvements.” 

Repeal  of  ordinances  36 

Reports,  of  treasurer  48 

of  city  clerk  to  be  made  monthly  49 

of  boards,  when  to  be  made;  to  be  published  (42)  72 

of  water  and  sewer  board  97 

of  board  of  education  207 

chief  of  police  to  make  monthly  118 

common  council  may  prescribe  form  of  42 

contracts  for  printing  42 

Resignations,  how  made 18 

Resolutions,  common  council,  signed  or  vetoed  by  mayor 28 

passage  over  mayor’s  veto  * 28 

become  law  without  mayor’s  signature  28 

making  appropriations,  how  passed  (70)  39 

to  be  enforced  by  the  mayor  46 

Rewards,  mayor  may  offer  126 

when  policemen  may  receive  - 122 

paid  from  fire  and  police  fund  126 

Review,  board  of,  general  duties  61 

to  review  assessments  144 

to  review  final  corrected  assessments  157 

to  deliver  corrected  rolls  to  treasurer  157 

Rubbish,  removal  of  197 

Rules,  common  council  may  make  27 

each  board  may  make  69 

for  use  of  water  and  sewers  95 

for  protecting  buildings  from  fire,  panics,  etc 108 

for  fire  and  police  departments  112 

for  practice  of  city  court  227 

of  boards,  city  court’s  jurisdiction  over  violations  236 

of  boards,  actions  for  violations  of,  how  brought  251 

of  boards,  information  of  witnesses  as  to  violations  256 

how  may  be  read  as  evidence  293 

fines  from  go  to  general  city  fund  297 

violations  of,  see  “actions.” 

Rural  portion  of  town  of  Rome,  see  “town  of  Rome.” 

SALARIES,  of  mayor  46 

of  president  of  common  council  47 

of  aldermen  21 

of  city  treasurer  48 

of  city  clerk  49 


27 


CHARTER  INDEX. 

Section 

Salaries,  continued 

of  clerks  of  boards,  except  water  and  sewer 76 

of  city  attorney  . . . 50 

of  assessors  51 

of  city  engineer  54 

of  superintendent  of  schools  205 

of  city  judge  .212 

of  special  city  judge  212 

of  clerk  of  city  court  212 

of  constables  55 

of  city  sealer  of  weights  and  measures  53 

of  city  pound  master  56 

of  city  hall  janitor  57 

of  supervisors  59 

of  superintendents  of  boards,  paid  from  board  funds  76 

of  superintendent  of  highways  „ 5a 

of  members  of  boards  65 

of  water  and  sewer  commissioners 89 

of  employes  of  water  and  sewer  board  90 

of  fire  and  police  employes  109 

of  firemen  and  policemen  114 

of  health  officer  128 

of  superintendent  of  charities  135 

of  city  or  ward  physicians  140 

of  freeholders  on  appeals  from  assessments  186 

commissioners  serve  without  pay  65 

Sale  of  lands  for  taxes,  see  “collection  by  sale”  under  “taxes.” 

for  liens  other  than  taxes  171 

Sanitary  sewers,  see  “sewers”;  also  “water  and  sewers.” 

Schools,  taxes  for  in  corporation  tax  district  141 

within  the  corporation  tax  district 199 

outside  of  corporation  tax  district  200 

union  free  school  district  changed  200 

title  to  property  in  union  free  school  district  201 

state  laws  applicable  to  202 

taxes  for  school  support  206 

school  taxes  may  be  sued  for 155 

estimates  of  expenditures  206 

expenditures  over  $5,000  for  building,  repairs,  etc.,  require  special 

election  206 

school  fund  to  be  used  only  for  school  purposes  206 

assessment  and  collection  of  school  taxes  (151)  208 

collection  of  taxes  unpaid  when  charter  goes  into  effect 300 

taxes  to  be  collected  by  treasurer  ...” 48 

review  of  assessments  (144)  (157)  61 

assessments  and  taxes  a lien  upon  real  estate  156 

every  assessment  on  real  estate  may  be  collected  as  herein  provided.  .156 

correction  and  review  of  assessments  for  unpaid  taxes  157 

assessment  of  taxes  voted  at  special  elections  175 

special  tax  provisions  for  Thomas  street  school  175 

see  also  “education,  board  of.” 
see  also  “taxes.” 

Seal  of  board  of  education,  to  be  used  on  school  bonds  206 

Seal  of  city  court  (276)  275 

Seal,  city,  city  may  have  and  alter  1 

clerk,  to  be  custodian  of 49 

to  be  affixed  to  contracts,  and  other  papers 46 

28 


CHARTER  INDEX. 

Section 

Seal,  city,  continued 

to  be  used  in  certifying  assessment  rolls  145 

to  be  used  on  tax  warrants  to  treasurer  149 

to  be  used  on  paving,  bonds  188 

to  be  used  on  tax  sale  conveyances  193 

to  be  used  by  clerk  in  certifying  ordinances,  etc .293 

Sealer  of  weights  and  measures,  general  duties  of  53 

appointive  5 

term  of  office  6 

salary  of  53 

Service  of  notices,  on  corporations,  tenants,  etc 291 

affidavits  of  service  or  publication  292 

see  also  “notices.” 

Sewage  disposal,  power  to  build  and  operate  plants  92 

Sewers,  sanitary,  maps  of  (296)  54 

taxes  for  to  be  collected  in  corporation  tax  district 141 

house  connections  compulsory  183 

power  to  build  sewage  disposal  plants  92 

see  also  “water  and  sewers.” 

Sewers,  storm  water,  see  “storm  water  sewers.” 

Sheriff,  to  execute  criminal  judgments  245 

Sidewalks,  maps  of  (296)  54 

engineer  to  supervise  improvements  54 

contracts  for  80 

property  owners  to  build  and  care  for  87 

collecting  assessments  for  building  157 

expense  of  making  in  front  of  private  property  180 

making  and  repairing  in  front  of  private  property  184 

snow  and  ice  within  corporation  tax  district  184 

engineer  may  clean  snow  and  ice  and  charge  expense  to  property 

owner  184 

bills  for  cleaning  snow  and  ice  payable  in  thirty  days 184 

assessments  for  cleaning  snow  and  ice,  how  collected 184 

to  be  assessed  separately  from  paving  or  sewer  185 

cleaning  snow  and  ice  in  front  of  public  property  and  in  parks 197 

temporary  repairs  of  197 

for  additional  information  regarding  assessments,  review  of  assess- 
ments, and  the  collection  of  taxes  for  sidewalks  see  “assess- 
ments and  taxes”  indexed  under  “storm  water  sewers”,  the  pro- 
ceedings and  powers  being  similar. 

Sinking  fund,  for  water  supply  bonds  in  excess  of  constitutional  limit.... 103 

for  retirement  of  water  and  sewer  bonds  103 

how  created  and  maintained  103 

may  be  invested  in  securities  103 

to  be  deposited 103 

Snow,  property  owners  to  clean  sidewalks  (184)  87 

after  twenty-four  hours  engineer  may  clean  sidewalks  184 

cleaning  before  public  property  197 

claims  for  damages  on  account  of  198 

Special  acts,  authorizing  issue  of  bonds  for  street  improvement.  (Chapter 

13,  Laws  of  1905)  

justice  of  the  peace,  creating  office,  election,  jurisdiction,  etc.  (Chap- 
ter 393,  Laws  of  1908)  


29 


CHARTER  INDEX. 

Section 

Special  elections,  see  “elections.” 

Special  city  judge,  see  “special  city  judge”  under  “court.” 

Squares,  maps  of  (296)  54 

in  charge  of  board  of  public  works  78 

contracts  for  80 

State  aid  law,  applicable  to  Rome  highways  (304)  79 

Station  keeper,  appointment  and  duties  of  118 

Station  house,  common  council  to  provide  126 

Storm  water  sewers,  in  charge  of  board  of  public  works  (178)  78 

engineer  to  supervise  construction  and  repair  54 

contracts  for  (179)  80 

storm  water  sewer  fund  82 

not  part  of  sanitary  sewer  system  92 

taxes  for  to  be  collected  in  corporation  tax  district 141 

authority  of  board  of  public  works  and  common  council  over 178 

plans  to  be  filed  with  engineer  179 

advertisement  for  and  action  on  bids 179 

guards  and  light  to  protect  179 

contracts  can  not  exceed  estimates  179 

in  connection  with  or  separate  from  paving,  etc 182 

continuation  or  extension  of  182 

maps  of  (54)  296 

assessments  and  taxes  for  storm  water  sewers. 

every  assessment  on  real  estate  may  be  collected  as  herein  pro- 
vided   156 

when  sewers  built  separately,  assessment  on  property  benefited.  .180 

board  of  public  works  to  cause  to  be  assessed  (185) 180 

method  of  apportioning  cost  180 

when  sewers  extended  previous  payments  to  be  considered 182 

sewers  may  be  assessed  as  part  of  street  improvement 182 

to  be  made  by  engineer  185 

to  be  separate  from  paving  or  sidewalks  185 

to  be  made  by  another  when  engineer  is  interested 185 

notice  of  completion  of  and  hearing  on  assessments  185 

public  examination  of  assessment  rolls  185 

signing  and  filing  of  assessment  rolls  185 

appeals  from  assessments  186 

treasurer  to  collect  taxes  30  days  without  fees  (189)  187 

actions  to  annul  assessments  limited  188 

notice  of  collection  of  taxes  and  time  for  payment  189 

every  tax  or  assessment  a lien  on  real  estate  (156) 196 

errors  do  not  invalidate  assessments  or  bonds  196 

common  council  to  reassess  irregular  taxes  196 

payments  previous  to  reassessment  to  be  credited  196 

surplus  from  reassessed  taxes  to  be  refunded  196 

deficiency  in  assessments,  how  supplied  196 

collection  of  taxes  unpaid  when  charter  goes  into  effect 300 

review  of  assessments  (144)  (157)  61 

correction  and  review  of  assessments  for  unpaid  taxes  157 

assignment  and  transfer  of  assessments 173 

record  of  assigned  assessments  174 

assessment  of  taxes  voted  at  special  elections  175 

assessment  for  storm  water  sewers  before  public  property  180 

for  sale  of  lands  for  storm  water  sewer  taxes  see  “collection  of 
street  improvement  taxes”  indexed  under  “street  improve- 
ments,” the  proceedings  being  similar. 

30 


CHARTER  INDEX. 


Section 

Streets,  maps  of  (296)  54 

in  charge  of  board  of  public  works  (80)  78 

cleaning,  lighting,  naming,  number,  contracts  for  (78)  80 

discontinuance  or  opening  of  80 

street  repair  fund  82 

water  pipes  may  be  laid  in  100 

property  owners  to  keep  free  from  obstacles  half  the  adjoining  street.  .184 

cleaning  in  front  of  public  property  197 

temporary  repairs  to  197 

contracts  for  work  upon  (179)  80 

engineer  to  supervise  repairs,  improvements,  etc 54 

taxes  for  to  be  collected  in  corporation  tax  district 141 

Street  improvements  (including  paving,  grading,  leveling,  repaving,  mac- 
adamizing or  telfordizing). 

majority  of  property  frontage  may  petition  for  178 

hearings  on  and  notice  thereof  178 

protest  against,  how  made  and  filed  178 

protests  of  majority  frontage  bar  action  for  a year  178 

petitions  for  reduced  sections  .-.178 

plans  to  be  filed„with  engineer 179 

advertisement  and  action  on  bids 179 

guards  and  lights  to  protect  179 

contracts  can  not  exceed  estimates  179 

engineer  to  ascertain  frontage  180 

board  of  public  works  to  determine  expense  180 

expense  before  public  property  to  be  on  corporation  tax  district 180 

railways  to  pave  and  repair  between  tracks,  etc 181 

existing  railway  agreement  not  repealed  . .* 181 

storm  water  sewers  separate  from  and  in  connection  with  paving. ..  .182 

laying  house  connecting  drains,  gas  and  water  pipes  183 

proceeds  of  paving  bonds,  how  to  be  used  188 

assessments  for  street  improvements. 

every  assessment  on  real  estate  may  be  collected  “as  herein  pro- 
vided”   156 

taxes  to  be  assessed  in  corporation  tax  district  141 

board  of  public  works  to  cause  180 

method  of  apportioning  cost  180 

for  laying  house  connecting  drains  and  other  pipes  183 

to  be  made  by  engineer  185 

to  be  separate  for  paving,  storm  sewer  or  sidewalk 185 

to  be  made  by  another  when  engineer  is  interested  185 

notice  of  completion  of  and  hearing  upon  assessments ....185 

public  examination  of  assessment  rolls  ....185 

signing  and  filing  of  assessment  rolls  185 

appeals  from  assessments  186 

actions  to  annul  assessments  limited  188 

reimbursed  tax  sale  assessments  to  be  reassessed  194 

assignment  of  assessments  for  local  improvements  173 

every  tax  or  assessment  a lien  on  real  estate  (156)  196 

small  errors  do  not  invalidate  assessments  or  bonds 196 

common  council  to  reassess  irregular  taxes 196 

payments  previous  to  reassessment  to  be  credited  196 

surplus  from  reassessed  taxes  to  be  refunded  196 

deficiency  in  assessments,  how  supplied  196 

review  of  (144)  (157)  61 

assignment  and  transfer  of  assessments  173 

record  of  assigned  assessments  174 

of  taxes  voted  at  special  elections  175 

bonds  for  (special  act)  


31 


CHARTER  INDEX. 

Section 

Collection  of  street  improvement  taxes. 

taxes  to  be  collected  in  corporation  tax  district 141 

notice  that  treasurer  will  collect  taxes  188 

treasurer  to  collect  taxes  for  thirty  days  without  fees 188 

after  thirty  days  collection  paving  bonds  to  be  issued 188 

paving  bonds  due  in  four  annual  installments  188 

sale  of  property  for  local  improvement  taxes  190 

expense  of  tax  sale  a charge  on  lands  190 

publication  of  list  of  property  to  be  sold  for  taxes  190 

tax  sales  to  be  by  auction  190 

tax  sales  to  continue  until  all  property  is  sold  190 

purchasers  at  tax  sale  to  pay  within  forty-eight  hours 191 

certificates  to  be  issued  to  purchasers  191 

purchasers  may  possess  lands  bought  at  tax  sale 191 

redemption  of  lands  sold  for  taxes  192 

conveyances  to  be  executed  for  unredeemed  lands  193 

conveyances  conclusive  evidence  that  sale  was  regular 193 

errors  in  tax  sale  proceedings  194 

reimburse  tax  sale  assessments  to  be  reassessed  194 

surplus  from  tax  sale,  and  disposal  thereof  195 

sharer  in  tax  Sale  surplus  waives  rights  to  lands  195 

of  taxes  unpaid  when  charter  goes  into  effect  300 

Street  railways,  see  “railways”. 

Subpoenas,  common  council  may  issue  41 

mayor  may  issue  : 46 

board  of  audit  may  issue  60 

may  be  issued  by  board  of  public  works  186 

when  required  of  judge  by  mayor  or  chief  of  police  267 

Suits,  see  “actions”,  city  may  sue  and  be  sued  1 

Superintendents  of  boards,  salary  of  76 

Superintendent,  of  charities  (137)  (138)  135 

of  highways  - 5a 

of  schools  205 

of  water  and  sewer  board  90 

Supervisors,  general  duties  59 

elective  officers  5 

one  to  each  ward  . 5 

terms  of  five  expire  4 

term  of  office  6 

assessment  rolls  to  be  delivered  to  145 

to  give,  treasurer  warrants  for  state,  county  and  town  taxes 151 

duties  in  return  of  jurors  287 

as  fence  viewers  287 

Supervisors,  board  of,  to  levy  and  assess  highway  taxes  (141)  (304) 79 

powers  in  respect  to  assessment  rolls  and  taxes  298 

to  audit  city  court  charges  against  county  269 

levies  outside  of  corporation  tax  district  to  be  made  by 146 

powers  of  over  assessment  rolls  145 

to  levy  highway  taxes  (79)  (304)  (178)  141 

to  levy  salary  of  overseer  of  the  poor 134 

to  pay  for  certain  police  services  123 

to  audit  certain  expenses  of  policemen  121 

to  levy  expense  of  improving  certain  highways 178 

Suspension,  of  appointive  officers  pending  hearing  18 

of  appointive  officers  for  disqualification  19 

32 


CHARTER  INDEX. 


Section 

Surplus,  from  local  improvement  tax  sales  195 

from  reassessed  local  improvement  taxes  196 

Surveys,  engineer  to  make  54 

of  streets  and  sidewalks  80 

Sweepings,  contracts  for  removal  of  197 

TAXES,  GENERALLY,  for  highways,  how  levied  and  collected  (141)  (304)  . 79 

for  highways,  disbursed  by  board  of  public  works  151 

for  sewer  extensions  and  sewage  disposal  1 92 

for  supplying  water  outside  city  93a 

for  deficiency  in  water  revenues  104 

those  on  the  entire  city  141 

rate  not  to  exceed  $1.70  annually  147 

town,  county  and  state  151 

for  town  audits  apply  to  town  orders  151 

a lien  upon  real  estate  until  paid  156 

on  lands  sold  by  the  city 170 

time  secured  in  payment  of  (for  local  improvements  only)  173 

powers  of  board  of  supervisors  over  298 

those  unpaid  when  charter  goes  into  effect  300 


for  taxes  for  street  improvements,  see  “street  improvements”, 
for  taxes  for  storm  water  sewers,  see  “storm  water  sewers.” 
for  taxes  for  sidewalks,  see  “sidewalks”, 
for  taxes  for  schools,  see  “schools.” 


assessments  of  general  city  taxes,  how  made  by  assessors 51 

review  of  (144)  (157)  61 

for  highway  taxes  how  made  (304)  79 

equalization  of,  see  “equalization.” 

a lien  upon  real  estate  156 

correction  and  reviewT  of  for  unpaid  taxes  157 

lands  sold  by  the  city  to  be  assessed  170 

lands  acquired  by  the  city  exempt  170 

other  than  for  taxes,  how  enforced  171 

assignment  and  transfer  of  for  local  improvements  173 

record  of  assigned  assessments  '. 174 

of  taxes  voted  at  special  elections  175 

for  street  improvements,  see  “street  improvements.” 
for  storm  water  sewers,  see  “storm  water  sewTers.” 
for  sidewalks,  see  “sidewalks”, 
for  schools,  see  “schools.” 
see  also  “assessors.” 


assessment  rolls,  manner  of  making  142 

to  be  filed  with  city  clerk  143 

notice  of  filing  and  public  inspection  143 

review  of  on  third  Tuesday  of  August  144 

clerk  to  copy,  certify  and  deliver  to  supervisors  145 

equalization  of  145 

clerk  to  extend  and  apportion  taxes  upon 149 

to  be  delivered  to  treasurer  by  July  1 149 

warrants  to  be  annexed  149 

to  be  returned  by  treasurer  to  clerk  within  90  days  149 

treasurer  to  give  receipts  for  154 

treasurer  to  be  charged  with  amount  on  154 

final  revision  and  review  of  for  unpaid  taxes  157 

delivery  by  board  of  review  to  treasurer  157 

power  of  common  council  to  correct  158 

lands  sold  by  city  to  be  added  to  170 

assigned  assessments  to  be  marked  upon  174 

as  voting  lists  for  special  elections  175 

for  school  taxes  (208)  206 

powers  of  board  of  supervisors  over  298 


CHARTER  INDEX. 

Section 

Taxes,  general,  continued 

levies,  within  and  without  corporation  tax  district  141 

those  in  corporation  tax  district  made  by  common  council 146 

those  for  entire  city,  made  by  board  of  supervisors  146 

to  be  made  by  common  council  by  May  15  148 

highway  taxes  levied  by  supervisors  (304)  79 

to  include  sums  borrowed  in  anticipation  (148)  176 

for  paving,  etc.,  before  public  property  180 

of  school  taxes  (208)  206 

special  tax  provision  for  Thomas  street  school  175 

collection,  except  by  sale,  taxes  to  be  collected  by  treasurer 48 

notice  when  and  where  treasurer  will  collect  150 

taxes  to  be  collected  for  thirty  days  without  fees  151 

fees  on  taxes  collected  after  thirty  days  151 

town,  county  and  state  taxes- 151 

town  collector’s  laws  apply  to  town,  county  and  state  taxes 151 

fees  of  treasurer  to  belong  to  city  151 

treasurer  to  give  receipts  for  payments  152 

treasurer  to  be  charged  with  amount  of  assessment  rolls 154 

how  treasurer  credits  tax  payment  to  himself 154 

settlement  with  treasurer  by  common  council  154 

city  and  school  taxes  may  be  sued  for  155 

time  on  local  improvement  taxes  173 

treasurer  to  collect  local  improvement  taxes 187 

treasurer  to  collect  paving  taxes  188 

taxes  for  paving  bonds,  how  collected  188 

of  school  taxes  (206)  (155)  208 

of  taxes  unpaid  when  charter  goes  into  effect 300 

collection  by  sale 

town,  county  and  state  taxes  151 

treasurer  to  report  unpaid  taxes  to  assessors  .157 

assessors  to  make  descriptions  of  property  157 

assessors  to  revise  assessments  157 

board  of  review  to  review  assessments  157 

treasurer  to  advertise  and  sell  lands  for  city  and  school  taxes. . . .159 

expense  of  tax  sale  a charge  on  lands  159 

public  notice  of  tax  sale  160 

tax  sale  to  be  by  auction  160 

tax  sale  to  continue  until  lands  are  sold  160 

purchasers  to  pay  immediately  161 

lands  bid  in  by  city  161 

certificates  of  sale  to  be  delivered,  executed  and  filed 161 

city  clerk  may  act  for  treasurer  at  tax  sale 162 

disposal  of  proceeds  of  sale  163 

tax  sale  gives  clear  title  165 

conveyances  and  fees  for  same  166 

conveyances  evidence  of  regularity  167 

possession  of  tax-sold  lands  168 

errors  in  tax  sale  proceedings  169 

lands  bid  in  by  city  exempt  from  taxes  170 

lands  sold  by  city  to  be  assessed  170 

of  school  taxes  (206)  (159)  208 

for  sale  of  lands  for  local  improvement  taxes  see  “collections” 
indexed  under  “street  improvements.” 

redemption  of  lands  sold  for  taxes. 

of  property  sold  for  state,  county  or  town  taxes  • 151 

disposal  of  surplus  from  sale  of  lands  163 

when  tax-sold  lands  may  be  redeemed  164 

notices  of  redemption  to  be  published  165 

conveyance  of  unredeemed  lands  167 

34 


CHARTER  INDEX. 


Section 


Taxes,  general,  continued 

conveyances  evidence  of  regularity  . . . . 

by  owner  at  time  of  sale  

of  school  taxes  (206)  ' 

for  redemption  of  lands  sold  for  local  improvement  taxes  see 
“collection”  indexed  under  “street  improvements.” 

Telfordizing,  see  “street  improvements.” 


Temporary  appointment  in  disqualification  19 

Temporary  appointment  in  case  of  disqualification  19 

Terms  of  office,  generally  6 

until  successors  qualify  15 

of  officers,  computed  by  the  political  year 280 

of  aldermen  (6)  7 

of  health  officer  128 

of  superintendent  of  charities  135 

of  superintendent  of  highways  5a 

of  superintendent  of  schools  205 

of  policemen  119 

of  members  of  board  of  education  204 

of  first  commissioner  of  boards  9 

of  first  members  of  board  of  education 203 

of  fire  and  police  commissioners  expire  May  1 107 

of  water  and  sewer  commissioners  expire  October  1 89 

for  terms  of  other  officers  see  respective  titles  of  such  officers. 

Tie  vote  in  common  council  22 

Titles,  tax  sale  gives  clear  title  165 

Treasurer,  city,  general  duties  of  48 

an  elective  office  5 

term  of  office 6 

to  execute  bond  63 

treasurer  of  water  and  sewer  board  90 

custodian  of  police  and  fire  funds  110 

custodian  of  health  fund  131 

custodian  of  poor  fund  136 

custodian  of  school  funds  206 

restriction  upon  cancellation  of  bond  of 154 

annual  statement  of  to  be  published  48 

to  collect  city  taxes  150 

to  collect  and  deliver  over  state,  county  and  town  taxes  151 

to  give  notice  of  collection  of  taxes  150 

fees  for  collecting  taxes  151 

fees  collected  by  belong  to  city  151 

laws  for  town  collectors  apply  151 

to  collect  local  improvement  taxes  30  days  without  fees  (187)  189 

to  receive  assessment  rolls  149 

to  receive  assessment  roll  for  school  taxes  208 

to  be  charged  with  amount  of  assessment  rolls  154 

to  give  receipts  for  assessment  rolls  ! 154 

to  give  receipts  for  all  tax  payments  152 

common  council  to  make  tax  settlement  with  154 

to  report  unpaid  taxes  to  assessors  157 

to  advertise  and  sell  lands  for  unpaid  taxes  159 

to  advertise  and  sell  lands  for  local  improvement  taxes  190 

city  clerk  may  act  for  at  tax  sale  162 

to  bid  in  lands  not  bid  on  at  tax  sale  161 

to  execute  and  deliver  certificates  of  land  sales  161 

to  pay  county  clerk's  certificate  fees  161 

35 


.CHARTER  INDEX. 

Section 

Treasurer,  city,  continued 

to  execute  conveyances  of  tax-sold  land;  fees  166 

to  certify  unpaid  local  improvement  taxes  188 

to  collect  by  sale  defaulted  installments  on  paving  bonds 188 

how  credited  for  tax  receipts  154 

to  issue  certificates  for  lands  sold  for  local  taxes  191 

to  execute  conveyances  for  local  improvement  tax-sold  lands 193 

to  keep  a record  of  tax  sale  surplus  195 

how  to  dispose  of  tax  sale  proceeds  163 

to  publish  notice  of  redemption  165 

to  give  receipt  to  owner  of  redeemed  land  172 

to  pay  moneys  only  upon  warrants  43 

to  apply  funds  for  town  audits  to  town  orders  151 

on  August  1 to  supply  deficiencies  in  boards’  funds 153 

to  make  certain  land  sales  by  direction  of  common  council 171 

to  execute  assignments  of  assessments  173 

to  keep  record  of  . assigned  assessments  174 

to  credit  to  boards  town  or  county  reimbursements 299 

to  receive  fines,  revenues  and  police  earnings  125 

to  place  fines  and  certain  other  moneys  in  general  fund 297 

to  receive  money  for  sidewalk  cleaning  and  repair '. 184 

to  receive  and  receipt  for  city  court  fees  234 

to  receive  city  court  fees  audited  by  supervisors  269 

court  clerk’s  bond  to  be  filed  with  277 

how  to  pay  from  the  different  funds,  see  “warrants”. 

how  to  credit  proceeds  of  sale  of  fire  department  property  Ill 

how  to  credit  reimbursed  police  expenses  121 

how  to  credit  receipts  for  police  services  123 

Treasurer,  county,  to  receive  state,  county  and  town  tax  collections 151 

Trees,  regulation  of  in  public  places  (35)  80 

Town  auditors,  to  audit  expenses  of  policemen  121 

Town  audits,  in  charge  of  board  of  audit 60 

funds  for  the  payment  of 151 

Towns,  to  reimburse  for  payments  on  their  account  299 

may  be  charged  for  police  services  123 

Town  collectors,  laws  for  apply  to  city  treasurer  151 

Town  of  Rome,  outside  of  corporation  tax  district. 

highways  of  (see  also  “highways”)  79 

taxes  imposed  upon  141 

separate  columns  for  on  assessment  rolls  142 

taxes  levied  and  raised  by  board  of  supervisors  146 

schools  of  200 

see  “corporation  tax  district.” 

UNANIMOUS  CONSENT,  in  passage  of  ordinances  39 

Union  free  school  district,  is  corporation  tax  district  199 

bonds  upon  206 

VACANCIES,  in  office  generally,  how  filled  10 

caused  by  failure  to  file  oath  * 12 

caused  by  removal  from  city  or  ward  13 

caused  by  temporary  disqualification  19 

caused  by  failure  ta -execute  bonds  (63)  20 

in  office  of  mayor,  how  filled  47 


36 


CHARTER  INDEX. 

Section 

Vacancies,  continued 

in  office  of  president  of  common  council  47 

in  office  of  superintendent  of  highways  5a 

in  board  presidencies,  how  filled  68 

among  special  election  inspectors  to  be  filled  by  mayor  175 

in  board  of  education,  how  filled  204 

Vagrancy,  proceedings  in  city  court  249 

Veto,  power  of  mayor  (46)  28 

passage  by  common  council  over  mayor’s  veto 28 

Violations,  of  charter,  ordinances,  rules,  see  “court”,  “ordinances”,  “rules.” 

Vote,  aye  and  nay  required  for  expenditures  by  boards 70 

votes  in  common  council,  see  “common  council.” 

Voters,  qualifications  of  at  general  elections  16 

qualifications  of  at  special  elections  175 

qualifications  of  at  school  elections  204 

WAGES,  see  “salaries.” 

Wards,  boundaries  of  2 

separate  assessment  roll  for  each  142 

supervisors  shall  not  change  relative  assessed  valuation  of 298 

each  regarded  as  a town  for  certain  purposes  287 

physicians  of  140 

officers  of  must  reside  in  the  ward  13 

Warrants,  on  funds,  how  drawn  on  common  council  funds 43 

to  be  filed  48 

of  common  council  to  be  countersigned  by  clerk  49 

how  drawn  on  public  works  fund  83 

how  drawn  on  water  and  sewer  funds  91 

how  drawn  on  police  and  fire  funds  110 

how  drawn  on  health  fund  132 

how  drawn  on  charity  fund  138 

see  also  “funds.” 

Warrants,  tax,  to  treasurer,  to  be  annexed  to  assessment  rolls 149 

for  state,  county  and  town  taxes  to  be  given  to  treasurer 151 

to  be  attached  to  local  improvement  assessment  rolls 187 

for  collection  of  school  taxes  208 

Warrants,  legal,  in  criminal  cases  (245)  248 

in  cases  of  charter  violations,  etc 252 

civil,  no  bond  required  for  issuing  255 

Water  and  sewer  commissioners,  board  of,  general  duties  begin 89 

how  board  is  composed  9 

commissioners  appointive  5 

terms  of  commissioners  6 

terms  of  first  commissioners  9 

commissioners  to  reside  in  corporation  tax  district 89 

terms  of  commissioners  to  expire  October  1 89 

board  may  make  rules  95 

reports  of  boards  (72) 97 

superintendent  of  90 

superintendent  to  act  as  clerk  76 

appointment  of  city  engineer  and  authority  over  him  54 

setting  of  hydrants  supervised  by  city  engineer  54 

maps  of  pipes,  etc.,  to  be  made  by  city  engineer  (296)  54 

laying  of  pipes  supervised  by  city  engineer 54 

commissioners  may  hire  additional  engineers  and  employes  90 

37 


CHARTER  INDEX. 

Section 

Water  and  Sewer  Commissioners,  board  of,  continued 

deficiency  in  revenue,  how  supplied  104 

expense  of  maintaining  water  system  104 

receipts  91 

establishment  and  collection  of  rates  for  use  of  water 93 

expense  of  supplying  water  to  inhabitants  within  two  miles  of  mains.  .93a 

charge  of  sewer  connections  93 

water  receipts,  how  to  be  applied  104 

annual  estimate  to  be  made  for  “fiscal  year” 148 

water  rates  in  tax  sales  164 

water  supply  may  be  cut  off  for  non-payment,  etc  93 

contamination  of  water  94 

additional  water  supply  98 

may  take  water  from  Fish  Creek  or  other  streams  98 

pipes  may  be  laid  in  highways,  etc 100 

power  of  condemnation  for  sewer  purposes  92 

may  build  sewage  disposal  plants  92 

power  of  condemnation  for  additional  water  supply 101 

bonds  for  additional  water  supply  103 

sinking  fund  for  payment  of  water  bonds  in  excess  of  constitutional 

limit  103 

sinking  fund  for  retirement  of  water  and  sewer  bonds  103 

to  deposit  sinking  fund  103 

may  invest  sinking  fund  103 

may  sell  securities  invested  in  103 

may  supply  water  outside  city  93a 

water  rights  in  Mohawk  River  106 

prosecution  of  pending  litigation  as  heretofore  303 

new  lines  and  extensions  of  mains  92 

taxes  for  extensions  to  be  collected  in  corporation  tax  district 141 

willful  injury  to  property 94 

buildings  may  be  entered  93 

connecting  pipe  on  streets  about  to  be  paved  96 

when  house  connections  are  compulsory  (96)  183 

certain  laws  affecting  retained  303 

powers  in  addition  to  charter  provisions  299 

see  also  “sewers,  sanitary”  and  “boards”. 

Witnesses,  common  council  may  compel  attendance  of 41 

mayor  may  compel  attendance  of  46 

board  of  public  works  may  compel  attendance  186 

may  be  required  to  tell  of  offenses  (256)  267 

not  to  be  excused  from  testifying  284 

testimony  of  not  to  be  used  against  284 

Women,  may  be  appointed  charity  commissioners 139 

taxpayers  may  vote  at  special  elections  175 

may  be  members  of  board  of  education  204 

YEAR,  fiscal,  begins  January  1 177 

political,  begins  January  1 280 


38 


INDEX 

OF  ORDINANCES 

Enacted  by  the  Common  Council 
oi  the  City  of  Rome 


Ordinance 

Number 

Actions  for  violations  of  ordinances,  rules  and  by-laws  69 

Advertisements,  scattering  of  on  streets,  etc 57 

not  to  be  posted  in  certain  places  66 

Advertising,  conveyances,  hotels,  etc 14 

Advertising  business,  must  be  licensed  (see  bill  posting)  66 

(see  bill  posting)  66 

Alarm,  false  fire  1 

Alley,  see  “streets.” 

Animals,  running  at  large  12 

must  not  be  fastened  to  trees  25 

obstructing  sidewalks  28 

driving  over  pavement  in  process  of  construction  55 

Animal  show  or  performance,  must  be  licensed  65 

Aqueducts,  in  streets  65 

Ashes,  must  not  be  placed  in  streets,  etc.,  except  during  certain  period. ...  50 

placing  of  regulated  by  board  of  public  works  50 

piles  of  in  street  to  be  guarded  53 

may  be  put  in  boxes  or  barrels  53 

to  be  removed  by  contractor  or  board  of  public  works  53 

boxes  and  barrels  to  be  removed  53 

Assemblages,  on  sidewalks,  etc 22 

Assignation,  house  of  7 

Assignee's  sale,  must  be  licensed  64 

Attorney,  city,  see  “city  attorney.” 


39 


CITY  ORDINANCE  INDEX. 

Ordinance 

Number 

Auction,  ringing  of  bells  for  10 

sale  (8)  32 

license  not  required  for  farm  products  or  household  goods  81 

see  also  “auctioneer.” 

Auctioneer,  must  be  licensed  (81)  64 

must  comply  with  laws  of  the  state  64 

must  pay  license  fee  (81)  64 

license  of,  when  expires  (81)  64 

license  of  may  be  revoked  64 

Automobiles,  traffic  regulations  (72)  (74)  (76)  77 

to  be  equipped  with  mufflers  78 

gases,  noise  and  smoke  prohibited  78 

when  to  stop  for  street  cars  77 

Awnings,  use  of  regulated  41 

must  be  removed  after  notice  41 

Ball,  playing  in  streets  9 

Bankrupt,  sale  must  be  licensed  64 

Bar  room,  theatrical  representations,  concerts,  etc.,  in  16 

Bar.clc,  ash  53 

prohibited  on  streets  43 

Bathing,  in  streams,  etc.,  within  corporation  tax  district  3 

Beggar,  street  8 

Begging  8 

Bells,  ringing  of  10 

must  be  attached  to  sleighs,  etc 38 

Bill  boards  66 

(see  also  “bill  posting”) 

Bills,  posting  of  on  city  property  prohibited  39 

business  of  bill  posting  66 

(see  also  “bill  posting”) 

Bill  posting,  business  of  66 

must  be  licensed  66 

license  to  be  issued  by  mayor  66 

license  fee  fixed  by  common  council  66 

waste  paper  and  refuse  to  be  removed  66 

license,  term  of  66 

license  may  be  revoked  and  canceled  66 

bills,  posters,  etc.,  must  not  be  attached  to  trees,  poles,  etc  66 

illegal  bill  boards  removed  by  police  66 

ordinance  does  not  apply  in  legal  notices  66 

Bicycle,  speed  limit  30 

traffic  regulations  72 

Board  of  public  works,  see  “public  works.” 

Board  of  fire  and  police  commissioners,  see  “fire  and  police  commission- 
ers, board  of”. 

Bond,  to  be  given  before  granting  of  permission  to  open  pavement,  etc...  50 

Bowling  alley,  running  of  during  prohibited  hours  5 

40 


CITY  ORDINANCE  INDEX. 

Ordinance 

Number 

Boxes,  ash  53 

prohibited  on  streets  43 

Bridges,  obstruction  of  (26)  22 

injury  to  56 

posting  of  bills,  etc.,  on  39 

Brothel  7 

Buildings,  not  to  be  moved  upon  streets  without  permit 20 

not  to  remain  in  street  longer  than  two  days  20 

not  to  project  over  line  of  street,  etc 21 

to  be  removed  off  streets,  etc 21 

entrance  to,  not  to  be  obstructed 22 

posting  of  bills  on  39 

materials  for  in  streets,  etc 43 

public  must  not  be  injured  . .., 56 

property  must  not  be  injured  56 

in  fire  limits  regulated  67 

in  fire  limits  to  be  fireproof  67 

in  fire  limits,  plans  for  to  be  approved  67 

board  of  fire  and  police  commissioners  may  grant  permission  to  erect, 
repair,  etc 67 

Building  material,  in  streets,  etc.  (44)  43 

Cannons,  toy,  sale  prohibited  73 

Carriages,  without  horses  not  to  remain  in  streets  23 

at  railroad  stations  36 

Cartmen,  subject  to  direction  of  board  of  public  works  36 

Cattle,  running  at  large  12 

Chickens,  running  at  large  12 

Chief  of  fire  department,  to  inspect  buildings 67 

to  cause  removal  of  dangerous  substances  or  material 67 

Chief  of  police,  to  notify  owner  of  house  of  prostitution  7 

may  direct  removal  of  buildings  on  street  line,  etc 21 

conveyances  at  railroad  station  subject  to  direction  of 36 

may  direct  removal  of  signs  across  sidewalks  40 

may  direct  removal  of  awnings  41 

City  attorney,  to  appear  and  prosecute  violations  of  ordinances,  etc 69 

City,  property  of,  injury  to  prohibited  (1)  56 

City  clerk,  to  license  dogs  , . 62 

City  directory  68 

(see  also  “directory,  city”). 

City  planning  commission,  ordinance  creating,  terms  of  members  79 

Circus,  must  have  license  65 

City  officers,  hindering  or  obstructing  15 

Coal,  can  not  be  scattered  on  pavement  52 

41 


CITY  ORDINANCE  INDEX. 

Ordinance 

Number 

Combustibles,  explosive,  firing  of  13 

keeping  of  in  city  67 

Concealed  weapons  71 

Concerts,  in  bar  rooms,  etc 16 

public,  must  have  license  65 

Construction  work,  interference  with  guards  and  protection  around 55 

Conveyances,  public  and  private  36 

soliciting  of  passengers  for  14 

Common  council,  may  grant  permission  to  sell  goods  at  auction  32 

to  fix  license  fee  for  hawkers  63 

to  fix  license  fee  for  auctioneers  64 

to  fix  license  fee  for  transient  retail  business  64 

to  fix  license  fee  for  theaters,  entertainments,  etc 65 

to  fix  license  fee  for  bill  posters  66 

may  compel  removal  of  bill  boards  66 

Crossing,  street,  obstruction  of  by  railroad  31 

Crosswalks,  obstruction  of  (24)  (27)  22 

excavation  in  50 

interference  with  grade  line  of,  etc 55 

(see  also  “sidewalks”.) 

Cutters,  must  have  bells  attached  38 

Decency,  outrage  of  public  1 

Dirt,  dropping  of  from  vehicles  51 

removal  of  from  streets,  etc 61 

(see  also  “rubbish”  and  “refuse.”) 

Directory,  city  68 

canvassing  for  and  publishing  without  license  prohibited  68 

Disorderly  conduct  1 

Disorderly  house  (7)  4 

Disturbance,  public  1 

Diversion,  improper  1 

Dogs  62 

must  be  numbered,  licensed  and  registered  62 

license  fee  for  62 

must  wear  a collar  62 

to  be  delivered  to  dog  policemen  or  police  department  62 

dog  policemen  appointed  by  board  of  fire  and  police  commissioners..  62 

may  be  redeemed  62 

fees  and  fines  to  be  placed  to  credit  of  dog  fund  62 

unlawful  to  remove  tag  of  62 

to  be  destroyed  if  not  redeemed 62 

owned  by  non-residents  62 

Dog  fund  62 

Ducks,  running  at  large  12 

42 


CITY  ORDINANCE  INDEX. 

Ordinance 

Number 

Drains,  in  streets  46 

obstruction  of  60 

(see  also  “sewers”) 

Entertainments,  certain  must  have  license  65 

Excavation,  interference  with  guards  around  55 

Exhibition,  of  goods  in  streets  32 

public  65 

Explosives,  firing  of  13 

must  not  be  kept  within  city  limits  67 

to  be  removed  67 

sale  of  fireworks,  etc 73 

False  alarm  of  fire  1 

Fees,  license,  (see  “license”,  “common  council.”) 

Fine  may  be  imposed  for  violation  of  ordinances,  etc 70 

not  to  exceed  amount  of  penalty  7(1 

Fire,  false  alarm  1 

hose  at,  not  to  be  driven  over  18 

board  of  fire  and  police  commissioners  may  compel  precautions  against  67 

dangerous  substance  or  material  not  to  be  kept  in  city 67 

dangerous  substance  and  material  to  be  removed  67 

Fire  apparatus,  jumping  or  riding  on 17 

Firearms  (71)  13 

Firecracker,  firing  of  13 

sale  of  73 

Fire  department,  riding  or  jumping  on  apparatus  17 

may  inspect  or  cause  to  be  inspected  buildings  within  city 67 

Fire  chief,  (see  “chief  of  fire  department”). 

Fire  limits,  boundaries  of  67 

wooden  buildings  in  prohibited  67 

buildings  to  be  fireproof  67 

construction  of  buildings  in,  regulated  67  ‘ 

plans  for  buildings  in  to  be  approved  67 

board  of  fire  and  police  commissioners  to  grant  permission  to  erect 
buildings  in  67 

Fire  and  police  commissioners,  board  of 

to  appoint  dog  policeman  62 

to  approve  plans  and  specifications  for  buildings  within  fire  limits. ...  67 
may  grant  permission  to  erect  and  repair  buildings  within  fire  limits.  . 67 

may  compel  precautions  against  fire  67 

may  compel  removal  of  dangerous  substance  or  material  67 

Fireworks,  sale  of  73 

what  are  legal  . . . 73 

Gambling  4 

Games,  playing  of  in  streets  9 

43 


CITY  ORDINANCE  INDEX. 

Ordinance 

Number 

Gaming  house  4 

Gas,  pipes  in  streets  (46)  45 

on  premises  or  in  streams  58 

Geese,  running  at  large  12 

Goats,  running  at  large  12 

Goods,  exhibited  of  in  streets  .• 33 

packing  and  unpacking  on  sidewalks  34 

not  to  be  placed  on  sidewalks  as  permitted  by  ordinance 35 

sale  of  by  transient  64 

sale  of  at  auction  32 

Grade  line,  interference  with  55 

Grease,  etc.,  not  allowed  on  pavement  52 

Guards,  interference  with  around  street  and  other  work  55 

Guest,  soliciting  of  14 

Gun,  firing  of  13 

Gunpowder,  firing  of  13 

Gutters,  on  unpaved  streets  to  be  kept  clean  47 

i obstruction  of  60 

Hawkers,  must  have  license  63 

Hawking,  must  be  licensed  63 

without  license  63 

Health,  disturbing  or  endangering  public  1 

Highways,  removal  of  dirt  from  61 

buildings  not  to  be  moved  on  without  permit  20 

(see  also  “streets”). 

Horses,  running  at  large  12 

in  street  must  be  securely  tied  24 

fastening  of  to  trees,  etc 25 

driving,  speed  of  29 

obstructing  sidewalks  and  crosswalks  (27)  28 

driving  over  pavements  in  process  of  construction  or  repair  .........  55 

traffic  regulations  (7)  74 

Hose,  driving  over,  at  a fire  18 

to  be  protected  18 

Hydrants,  not  to  be  covered  and  concealed  . 19 

Ice  and  snow  (see  “snow  and  ice”). 

Indecent  conduct  1 

Indecent  pictures,  photographs,  drawings,  etc 6 

Injury  to  person  1 

Injury  to  property  (24)  (56)  1 

to  sewers,  drains,  etc 60 

44 


CITY  ORDINANCE  INDEX. 

Ordinance 

Number 

interference  with  guards  and  protection  around  construction  work,  etc...  56 

with  grade  lines,  etc 55 

Intoxication  2 

Jumping  on  fire  apparatus  17 

Junk,  license  required  for  dealers  80 

Kite,  flying  of  in  street  » 9 

Landmark,  must  not  be  removed  or  injured,  etc.  (55)  54 

Lanes,  (see  “streets”). 

Lascivious,  pictures,  etc 6 

Legal  notices,  ordinances  relating  to  bill  posting  does  not  apply  to 66 

Lewd  pictures,  etc 6 

Lewd  women,  entertainment  of  7 

procuring  for  purposes  of  prostitution  7 

License,  for  auction  sale  32 

dog  62 

hawking  63 

auctioneer  must  have  (81)  64 

theaters,  shows,  circuses,  etc.,  must  have  65 

for  certain  entertainments  not  required  65 

bill  posting,  sign  advertising  and  advertising  business  must  have....  66 

junk  dealers  80 

city  directory  68 

to  carry  weapons  71 

Mayor,  to  give  notice  to  owner  or  lessee  of  house  of  prostitution 7 

may  direct  removal  of  buildings  of  street  line  21 

may  grant  permission  to  sell  goods  at  auction  32 

may  direct  removal  of  signs  across  sidewalks 40 

may  direct  removal  of  awning  41 

to  issue  license  for  hawking  63 

to  issue  auctioneer’s  license  64 

to  issue  license  for  transit  retail  business  64 

to  issue  license  for  theaters,  shows,  etc 65 

to  issue  license  for  bill  posting,  etc 66 

may  revoke  bill  posting  license  66 

may  compel  removal  of  bill  boards  66 

hiay  grant  license  for  canvassing  for  and  publishing  city  directory. ...  68 

may  direct  prosecution  for  violation  of  ordinances,  etc 69 

may  authorize  and  direct  city  attorney  to  appear  and  prosecute  vio- 
lations of  ordinances,  etc 69 

"Menageries,  must  be  licensed  65 

Mendicant  8 

Merry-go-round,  must  be  licensed  65 

Monuments,  in  streets,  must  not  be  injured,  removed,  etc.  (55)  . 54 

Motorcycle,  speed  limit  (75)  (76)  30 

traffic  regulations  (72)  74 

lights  on  75 

mufflers  78 


45 


CITY  ORDINANCE  INDEX. 

Ordinance 

Number- 

Noise,  (10)  11 

Notice,  on  conviction  for  keeping  house  of  prostitution  7 

to  remove  buildings  on  street  line  21 

to  remove  signs  across  sidewalks  40 

to  remove  awnings  41 

to  remove  obstructions  in  streets  (44)  43 

to  repair  sidewalks  48 

to  connect  with  water,  sewer  and  gas  mains  49 

to  remove  dangerous  substance  or  material  67 

Nuisance,  not  allowed  on  pavement  52 

on  premises  or  in  streams  (59)  58 

in  tenements  or  on  lots  (58)  59 

in  streets,  etc.  (58)  59 

to  be  removed  after  notice  59 

certain,  defined  59 

in  sewers,  drains,  etc 60 

posting  of  bills,  etc.,  not  to  create  66 

Obscene,  pictures,  etc  6 

Officers,  city,  hindering  or  obstructing  15 

Oil,  grease,  etc.,  not  allowed  on  pavement  52 

delivery  wagons  and  tanks  52 

Opera,  shows,  etc.;  must  be  licensed  65 

Ordinances,  violations  of,  how  prosecuted  68 

(see  also  “penalty”,  “violation  of  ordinances”.) 

Papers,  scattering  of  57 

not  to  be  posted  in  certain  places  66 

Parks,  public,  driving  on  37 

buildings,  materials,  etc.,  in  (44)  43 

scattering  of  papers,  etc.,  in  66 

(see  also  “streets”.) 

Passengers,  soliciting  of  14 

Pavement,  not  to  be  opened,  removed,  etc.,  without  permission  of  board 

of  public  works  50 

bond  to  be  given  before  opening  of,  etc 50 

oil,  grease,  etc.,  on  guards  and  protection  around  55 

driving  over  in  process  of  construction  or  repair 55 

Paving,  board  of  public  works  may  require  water  and  sewer  connections 
on  streets  to  be  paved  or  repaved  49" 

Peace,  disturbance  of  public  1 

Pedlers,  license  for  63 

Penalty,  fine  may  be  imposed  instead  of  70 

offender  may  be  committed  to  jail  for  failure  to  pay  fine 74 

(The  amount  of  penalty  is  prescribed  in  each  ordinance.  For  collec- 
tion of  penalty  see  also  Sec.  263  of  the  city  charter). 

Performances,  in  bar  rooms,  etc 16 

Person,  injury  to  I 

46 


CITY  ORDINANCE  INDEX. 

Ordinance 

Number 

Pictures,  indecent  6 

P 

Pipes,  laying  of  in  streets  (46)  45 

laying  of  in  streets  under  direction  of  board  of  public  works  46 

Pistol,  firing  of  13 

sale  of  toy  pistols  prohibited  73 

Police,  chief  of,  (see  “chief  of  police”). 

Police  and  fire  commissioners,  board  of  (see  fire  and  police  commissioners, 
board  of”). 

Posting  bills  66 

(see  also  “bill  posting”). 

Proclamation,  for  public  sale  or  auction  10 

Property,  injury  to  (56)  1 

Prostitute  8 

Prostitution,  house  of  must  be  vacated  by  occupant  7 

Public  decency,  outrage  of  1 

Public  conveyances,  subject  to  direction  of  board  of  public  works  and 
police  36 

Public  works,  board  of,  may  grant  permission  to  move  buildings  on 

streets,  etc 20 

may  grant  permission  allowing  vehicles  to  remain  on  street  23 

vehicles,  public  conveyances  and  cartmen  subject  to  direction  of 36 

to  cause  trees  to  be  trimmed  if  owner  refuses  or  neglects 42 

to  certify  to  city  treasurer  expense  of  trimming  trees 42 

may  grant  permission  to  place  building  materials,  etc.,  on  streets, 

etc.,  (44)  43 

may  require  removal  of  building  materials,  etc.,  (44)  43 

laying  of  sewer,  gas,  water  pipes,  etc.,  under  direction  of 46 

to  cause  unpaved  streets  and  gutters  to  be  cleaned 47 

to  repair  sidewalks  if  owners  neglect  48 

may  require  connection  with  water  and  sewer  mains  49 

may  grant  permission  to  make  openings,  etc.,  in  pavement  50 

shall  require  bond  before  granting  permit  to  open  pavement 50 

removal  of  ashes  and  rubbish  regulated  by  53 

may  permit  removal  of  dirt  from  streets  61 

Railroads  and  railways,  street  surface,  speed  limit  31 

obstruction  of  crossings  by  31 

Refuse,  not  permitted  on  premises  or  allowed  to  be  put  in  streams  (47) ...  58 
(see  also  “ashes”). 

Riding,  on  fire  apparatus  17 

Riot  1 

Rocket,  firing  of  13 

Rubbish,  throwing  of  into  sewers  60 

(see  also  “ashes”). 

47 


CITY  ORDINANCE  INDEX. 

Ordinance 

Number 

Sale,  of  goods  by  hawkers  63 

auction  32 

public  ringing  of  bell,  etc.,  for  10 

Saloon,  concerts,  etc.,  bar  room  of  16 

Sewer,  pipes  in  streets  (46)  4'5 

board  of  public  works  may  require  connection  with  49 

obstruction  of  60 

interference  with  60 

Sheep,  running  at  large  12 

Shows,  must  have  license  * 65 

moving  picture  65 

Sidewalks,  skating,  sliding  and  sleds  upon  11 

obstruction  of  (28)  (43)  22 

exhibition  of  goods  on  33 

packing  and  unpacking  of  goods  on  34 

placing  of  boxes,  etc.,  on  prohibited  35 

signs  across  40 

to  be  kept  free  from  ice  and  snow  48 

to  be  kept  in  good  repair  48 

repairs  may  be  done  by  board  of  public  works  48 

expense  of  repair,  how  collected  . 48 

interference  with  grade  line  stakes,  etc : 55 

scattering  or  throwing  papers,  etc.,  on  66 

motorcycles  not  to  be  driven  on 79 

Sign  advertising,  business  of  must  be  licensed  66 

Signs,  across  sidewalks  40 

to  be  removed  after  notice  40 

must  have  permission  to  erect  40 

giving  speed  limit  76 

Skating,  upon  sidewalks  11 

Skating  rink,  must  be  licensed  65 

Sleds,  sliding  upon  sidewalks  11 

Sleighs,  must  have  bells  attached  38 

Smoke,  escape  of  58 

Snow  and  ice,  not  to  cover  or  conceal  hydrants  19 

must  be  removed  from  sidewalks  48 

city  engineer  to  remove  if  owner  or  occupant  neglects 48 

expense  of  removal  a charge  against  owner  or  occupant  48 

Soliciting,  passengers  of  guests  14 

Speed  limit,  driving  horses  20 

bicycle  or  motorcycle  30 

street  surface  railway  31 

motor  vehicles  (75)  76 

Squibs,  firing  of  13 

Square,  driving  upon  37 

(see  also  “streets”). 

48 


CITY  ORDINANCE  INDEX. 

Ordinance 

Number 

Streams,  fouling  of  58 

Streets,  playing  ball  games,  etc.,  on  9 

skating  or  sliding  on  11 

moving  of  buildings  on  20 

projection  of  buidings  on  21 

horses  on  24 

obstruction  of  crossings  by  cars,  etc 31 

auction  sale  on  32 

exhibition  of  goods  in  33 

boxes,  etc.,  on  35 

signs  across  40 

obstruction  of  by  building  materials,  etc.  (44)  43 

laying  of  pipes  in  (46)  45 

unpaved  to  be  kept  clean  47 

gutters  of  to  be  kept  clean  47 

to  be  kept  clean  from  ice  and  snow  48 

to  be  kept  in  good  repair  by  owners  of  property  48 

repairs  to  may  be  done  by  board  of  public  works 48 

dirt,  etc.,  not  to  be  dropped  on  51 

oil,  etc.,  not  to  be  allowed  on  pavement  52 

ashes  and  rubbish  on  53 

monuments  or  landmarks  in,  must  not  be  removed,  etc.,  (55)  54 

interference  with  guards  and  protection  around  work  on 55 

interfence  with  grade  line,  monuments,  stakes,  etc 55 

scattering  of  papers  on  prohibited  57 

nuisance  on  (59)  58 

removal  of  dirt  from  graded  61 

hawking  on  63 

scattering  or  throwing  papers,  etc.,  on  66 

Street  railway,  speed  limit  on  street  or  highway 31 

Tar,  on  premises  or  in  streams  58 

Theaters,  must  have  license  65 

Theatrical  representation,  in  bar  rooms,  etc 16 

must  have  license  63 

Traffic  regulations  (72)  74 

Transient  retail  business,  must  be  licensed  64 

license  for  may  be  revoked  64 

fees  for  license  to  be  fixed  by  common  council  64 

Treasurer,  city,  to  collect  expense  of  trimming  trees  42 

dog  fees  and  fines  to  be  paid  to  62 

Trees,  injury  to  (56)  25 

ornamental  and  shade  must  be  trimmed  42 

to  be  trimmed  by  board  of  public  works  if  owner  neglects  or  refuses. . 42 

Vagrant  8 

49 


CITY  ORDINANCE  INDEX. 

Ordinance 

Number 

Vehicles,  without  horses  not  to  stand  or  remain  on  street 23 

traffic  regulations  (72)  (74)  77 

not  to  remain  on  bridges  26 

at  railroad  stations  under  direction  and  control  of  board  of  public 

works  and  police  36 

on  runners,  must  have  bells  attached  38 

passing  street  cars  77 

dirt,  etc.,  not  to  be  dropped  from  51 

oil,  grease,  etc.,  not  to  be  dropped  from  52 

driving  over  pavements  in  process  of  construction  or  repair 55 

Vendors,  license  for  63 

Violation  or  ordinances,  how  prosecuted  69 

fine  may  be  imposed  for  70 

in  default  of  payment  of  fine  may  be  committed  to  jail 70 

(penalty  for  prescribed  in  each  ordinance). 

(for  collection  of  judgment  for  penalty  see  section  263  of  city  charter). 

Wagons,  dirt,  etc.,  not  to  be  dropped  from  51 

oil  must  be  arranged  to  prevent  dripping  on  pavement 52 

(see  also  “vehicles”). 

Water,  pipes  in  street  (46)  45 

board  of  public  works  may  require  connection  with  49 

Women,  lewd  7 

Weapons,  concealed,  license  for,  etc 11 


50 


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